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(영문) 수원지방법원 안양지원 2021.03.25 2020고단2362
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2020, the Defendant reported on November 14, 2020, 23:45, on the front side of the apartment house B in Manan-gu, Mayang-gu, Mayang-gu, to the effect that “the residents want to get off the vehicle due to drinking” and sent to the site after receiving a report, the Defendant called the slope D ( South, 40 years old) belonging to the C District of the Police Station within the police station, which was sent back to the site, when he was able to return home, and the Defendant was able to take up two times the left face of the slopeD due to drinking while taking a bath.

As a result, the Defendant interfered with the legitimate performance of duties by the police officer on the handling of the 112 Report Report case, and at the same time, the Defendant placed the victim D with the left-hand side of the need for medical treatment for about 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation into the statements made by the police in D (on-site conditions, etc.) and photographs to capture images;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Selection of imprisonment with prison labor, for an alleged crime, Article 257(1) of the relevant Article of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Articles 40 and 50 of the Criminal Act (the punishment prescribed for a more severe injury)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Scope of applicable sentences under the law on the grounds of sentencing under Article 62-2 of the Criminal Act: One month to seven years of imprisonment;

2. Aggravation factors of general injury [the category 1] general injury (the person subject to special sentencing] according to the sentencing guidelines: In the case of interference with the execution of public duties, the area of recommendation and the scope of punishment] increased, six months to two years and six months.

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for one year, community service, and 80 hours for a crime of violence can be punished against the accused. The instant crime is likely to be socially criticized by the Defendant’s taking a bath against the police who performs public duties and using violence.

However, it shall be considered as a factor for sentencing favorable to the defendant, such as the fact that the defendant acknowledges and reflects his/her mistake, and that the degree of injury of the victim is minor, and the age, sex, environment, health condition of the defendant.

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