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(영문) 의정부지방법원 2020.02.12 2018고단5113
공무집행방해
Text

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

Reasons

Punishment of the crime

On October 27, 2018, at around 03:23, the Defendant refused to pay the taxi fee while taking a bath or assault to B while under the influence of alcohol while taking a taxi operated by B. This led to the Defendant’s 112 report, and thereafter, the Defendant was driving a taxi in front of the police box of the Yangju Police Station C.

At around 03:25 on the same day, the Defendant received a report from the Twit Police Station C commander of the Yangju Police Station located in Yangju-si, and met the Defendant at the parking lot, and the police officer affiliated with the said police box, who was in charge of the said box, called the Defendant a shoulderer, "Chose, shouldere," "Chose", who prices the above E's justum part at one time, and "Chose," who takes a bath at several times, used the breath of the above E's breath and 20 times the chest part.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A victim E-victim photo;

1. Application of the Acts and subordinate statutes governing documentary evidence CDs for the obstruction of performance of official duties;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

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. Determination of sentence: The crime of obstruction of performance of official duties is an offense that is not good quality in terms of making it difficult to exercise the public authority, which is the basis of a rule of law, and its damage return to a good majority of citizens.

In this case, the injured police officers called out with the report of a bath or assaulted taxi engineer from the defendant, show the defendant who was seated at the head of the taxi, and the defendant boomed the boom and breath of the damaged police officers while booming the defendant.

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