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(영문) 전주지방법원 2020.04.29 2019고단1874
폭행등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 11:20 on August 14, 2019, the Defendant: (a) called D’s 112 report on the front road of the Seojin-gu Seoul Metropolitan Council; and (b) respondeded to the foregoing dispute, the Defendant: (c) sent to F of the Jeondong-gu Police Station Estation belonging to the Jeondong-gu Police Station Estation, which called the said dispute, “I am the police; (d) Nebi fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe f

Accordingly, the defendant interfered with the legitimate execution of official duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of each police protocol to D and F

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The sentence shall be determined as per the order, comprehensively taking into account the following circumstances: the Defendant’s age, character and conduct, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime was committed, and other various sentencing conditions as shown in the instant records and the trial process.

- the crime of assaulting a police officer on official duty is not good.

- The defendant has several sentences, suspended execution, and criminal records of fine due to violent crimes.

- The defendant is led to confession.

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