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(영문) 춘천지방법원 영월지원 2020.04.28 2020고단59
공무집행방해
Text

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

Reasons

Punishment of the crime

At around 18:20 on January 19, 2020, the Defendant: (a) stated that, in front of the “Cjuk’s point” located in Gangwon-gun B, the Defendant’s friendship, the police officer E, who was called up after receiving a report from 112 that the Defendant was under the influence of alcohol, would ask the Defendant about the circumstances of the report; (b) under the influence of alcohol, the police officer E, who was called up to the police officer “on the face of the width spack, the spacker, the spacker, the spacker, the spacker’s face at one time, interfere with the police officer’s legitimate performance of official duties concerning the handling of reporting duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes concerning the treatment of violence victim photographs, internal investigation reports (related to field conditions, etc.), and 112 reported cases;

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. The scope of punishment by law: Imprisonment for one to five years;

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 Defendant assaulted a police officer who is performing legitimate official duties.

In order to establish the state's legal order and eradicate the light of the public authority, such obstruction of the performance of official duties shall not be deemed to be negligiblely committed.

In addition, the defendant committed the same crime without being sentenced to two years of suspended sentence for one year of imprisonment due to the crime of damage to public goods and obstruction of performance of official duties in 2017.

However, taking into account the fact that the defendant was aware of the crime, the sentence shall be determined as ordered, taking into account the following factors: the defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.

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