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(영문) 수원지방법원평택지원 2020.09.08 2020고단56
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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 December 21, 2019, at around 00:15, the Defendant: (a) 00:15 on December 21, 2019, she was unable to be under the influence of alcohol by cutting off D’s arms seated with stalking at the C clubs located in Pyeongtaek-si B; (b) she was able to have his employee E refrain from drinking; and (c) accordingly, the Defendant attempted to interfere with the statement about the circumstances of the report at the place where the police station located in Pyeongtaek-si Police Station, which was called upon 112 report and received the 112 report, and to interfere with the statement from G at the place where the police station located in Pyeongtaek-si F District would hear the statement of D; and (d) she tried to use the body by hing it from the rear of G, which she tried to listen to the statement of D, and by assaulting and harming both her descendants.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties.

Summary of Evidence

Witness

G, E, and H Each legal statement

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to police officers of each written statement E and H;

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. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of the performance of official duties (category 1] and the absence of the obstruction of the performance of official duties (category 1] and the basic area of the recommendation [the scope of the recommended area and the recommendation range], and six months to one year and six months.

3. Determination of sentence: According to the evidence 1 year of imprisonment and 2 years prior to the suspended sentence, even if the facts charged in the instant case are sufficiently recognized, the Defendant did not reflect, and rather, “a police officer G listened to the statement of the circumstances of the instant case from the Defendant, and forced the Defendant to take out of the instant age club, and the Defendant added G to the instant age club in order not to go beyond the Defendant’s fear of being able to go beyond his own fear.”

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