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(영문) 의정부지방법원 2021.01.14 2020고단3140
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 27, 2018, the Defendant was sentenced to one year of imprisonment with prison labor due to interference with business affairs by the District Court, and on January 3, 2020, the Defendant completed the execution of the sentence in the second intersection of the North Korean Dos.

On April 8, 2020, the Defendant assaulted on two occasions, such as: (a) the Defendant, who was requested to provide personal information on the ground that he committed an act of disturbance in a multi-family housing from the background D belonging to the Gyeonggi-gu Police Station, which was dispatched to the site after receiving 112 a report, and was in violation of the Punishment of Minor Offenses Act, on the ground that he violated the Punishment of Minor Offenses Act; (b) whether or not his identity should be clarified; and (c) the body of the said D twice by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes confirming repeated crimes;

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing criteria [type determination] Crimes impeding the performance of official duties, [Type 1] Obstruction of the performance of official duties or coercion of duties (special sentencing factors]: In the area of aggravation of repeated crimes of the same kind (the area of recommendation and the scope of punishment), the area of aggravation of punishment, one year to four years of imprisonment.

3. Circumstances favorable to the determination of sentence: The instant crime was committed in favor of the Defendants, and was committed against the Defendant: (a) the Defendants obstructed the lawful performance of duties by police officers dispatched after receiving a report 112; (b) the nature of the instant crime was bad; (c) the Defendant committed the instant crime only for three months, which was discharged from the instant crime during the same repeated crime period due to interference with official duties; and (d) the Defendant committed the instant crime in different circumstances against the Defendant, such as the Defendant’s age, sex, environment, motive, means, and consequence of the instant crime.

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