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(영문) 의정부지방법원 2019.06.13 2019고단1771
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:30 on April 26, 2019, the Defendant: (a) committed assault and assault against the said F, so long as the Defendant was able to control the Defendant, at the front of the entrance points of the operation of C in Guri-si; (b) a slopeF belonging to the Guri Police Station E District Unit of the Guri Police Station called up after receiving a report of 112 due to the drinking value problem; (c) the Defendant assaulted and continuously disputed the said C; and (d) the Defendant did so.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and crime prevention by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Application of the Acts and subordinate statutes to photographic materials (Obstruction of Performance of Official Duties Bags);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for up to one year and six months (Scope of recommendations). There are no basic area (referring to six months to one year and six months) of the obstruction of performance of official duties.

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following circumstances in the calculation of the sentence as the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and conditions before and after the commission of the crime:

3. Unfavorable circumstances: The circumstances favorable to the fact that the crime of this case was committed again despite the same criminal records: The confession of the crime of this case, and the fact that the damaged police officer does not want the punishment of the defendant.

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