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(영문) 의정부지방법원 고양지원 2020.06.11 2020고단830
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 March 9, 2020, the Defendant: (a) at the main point of “B” located in Gyeyang-gu, Goyangyang-gu; (b) on March 21, 2020, the Defendant: (c) received a report from the police officer C who called “a person under the influence of alcohol to make a statement on the above reported facts, etc.” and received a request from the police officer C to make a statement about the above reported facts, etc.; (d) on one hand, the Defendant carried the chest part of the above C, and was tightly pushed down two times with the right arms.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the 112 reported case handling box and the e-station box;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of the recommended area and the punishment of recommendation], the basic area of the recommendation [the scope of the recommendation area and the punishment of recommendation], six months to one year and six months;

2. Circumstances unfavorable to a decision on sentence: The same shall not apply to cases where the contents of a crime are good by exercising violence against police officers, even from the ordinary attitude toward the public authority;

It was committed without being aware of it during the attachment of the location tracking device.

In the past, the same kind of power was in the past, and there are many criminal records of violence.

An advantageous circumstance: The degree of damage suffered by a police officer shall not be excessive.

The defendant recognizes his criminal facts.

The criminal facts of the electronic device are two-way crimes, and the same power in the past is the same record of fine before six years.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime were committed shall be determined as ordered in consideration of the various sentencing conditions shown in the arguments in this case.

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