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(영문) 의정부지방법원 2019.06.20 2019고단754
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

On January 28, 2019, the Defendant: (a) received a report on the visit of a taxi engineer D to the effect that “the Defendant is walking off under the influence of alcohol; and (b) committed assault, such as assaulting the Defendant’s body and arms, that the Defendant would threaten the Defendant to take the chest of the said E as his head, and attempted to threaten the Defendant’s body and arms to take the Defendant’s hand by hand.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on visiting and reporting cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Statement of the completion of the preparation of a witnessD;

1. Application of CCTV photographs and CCTV video-related Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] that the person concerned has no obstruction of the performance of official duties or coercion (type 1) (the scope of recommendation punishment] (the scope of recommendation punishment], six months from six months to one year and six months (basic area).

3. The Defendant, who was under the influence of alcohol and was in call for a police officer who was so notified of his/her refusal to drive a taxi, interfered with the police officer’s legitimate performance of official duties by committing assaulting the police officer by taking his/her head on his/her breast part, and by pushing his/her body in his/her hand. In light of the background, method, attitude, etc. of the crime, the crime is not good.

In particular, even though the defendant had been repeatedly punished several times of crime of violence, he/she also committed assault to police officers in the process of performing official duties, so it is necessary to punish the defendant more strictly.

However, under the influence of alcohol, the defendant recognizes and reflects his or her mistake.

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