(영문) 의정부지방법원 고양지원 2020.02.20 2019고단3574

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(영문) 의정부지방법원 고양지원 2020.02.20 2019고단3574

공무집행방해

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 1, 2019, at around 00:35, the Defendant: (a) stated that, in the vicinity of the C Kinginging-gu, Goyang-gu B, Goyang-gu, Goyangyang-si, the Defendant “Wing-gu, Goyang-gu, Goyang-gu, Goyang-gu, Goyangyang-gu, the D District Unit of the Goyang-gu, Goyang-gu, who was reported as soon as possible, sought the Defendant’s statement about the circumstances of the instant case, the Defendant stated that, in order to hear the statement of the circumstances of the instant case, the Defendant “Wing-gu, Goyang-gu, Goyang-gu, Go

Accordingly, the defendant interfered with police officers' legitimate performance of official duties in relation to 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of CD-related Acts and subordinate statutes

1. The relevant legal provisions on criminal facts, Article 136(1) of the Criminal Act of the choice of punishment, the application of the sentencing guidelines for sentencing the sentence of imprisonment [decision of types] / [Article 1] The obstruction of performance of official duties / no coercion [Article 1] [Article 1] the obstruction of performance of official duties / [the scope of recommendation field and recommendation range] basic area], the decision of sentence for six months to one year: the defendant recognized the crime of this case and against his mistake.

However, in order to establish the law and order of the state and eradicate the danger of the public authority, it is necessary to strictize the crimes of obstruction of performance of official duties.

The degree of violence is not easy.

Due to Defendant’s abusive theory, it seems that the insult of victim police officers was reasonable.

In 206 and 2007, the Defendant not only was punished by a fine for violent crimes, but also was punished by a fine for obstruction of performance of official duties in 2013, and even if there was a record of punishment for insult (the crime of abusiveing a police officer) and the crime of bodily injury in 2017, the Defendant again committed the same kind of crime in this case without being aware of it.

It is necessary to punish defendants who repeat the same mistake more strictly.

Any other matter.

참조조문

-형법 제136조 제1항

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