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(영문) 전주지방법원 2020.11.25 2020고단999
공무집행방해
Text

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

Reasons

Punishment of the crime

At around 23:30 on April 9, 2020, the Defendant reported that the door of the C restaurant located in Kim Jong-si was opened and added to the site, and reported to 112, and demanded the Kim Jong-gu Police Station D District E and the Inspector F to take a bath, and to conduct business due to coaches, which became unable to conduct. However, the above police officer demanded that the Defendant go on his house in front of G apartment at Kim Jong-si, who was living in his house, and did not go to do so, and the Defendant was able to look back to the right side of the patrol, and the Defendant was able to stop working in front of the patrol, not for the victim’s 1 who was in front of his house in front of his house, on the ground that the Defendant was able to take off his house, and she was satisf and her mother was satched to the right side of his house at around 00:10,000.

Accordingly, the defendant interfered with the legitimate execution of public security duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and F;

1. Application of the Act and subordinate statutes to a report on investigation and a report on investigation (Attachment to Blue Images);

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 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] 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 following circumstances: The defendant's age, character and conduct, environment, occupation, family relationship, motive and consequence of the crime, and circumstances after the crime are committed, etc.:

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