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(영문) 의정부지방법원 2020.04.13 2020고단628
공무집행방해
Text

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

Around 03:30 on January 17, 2020, the Defendant heard that the Defendant would request a summary judgment on a taxi-free car from a police officer D belonging to the Gyeonggi-do Police Station C Zone, the Gyeonggi-do Police Station C Zone, and assaulted the Defendant D, i.e., taking a bath to “ch-free baby”, i.e., taking the breast part of the breast part of the breast part by hand and walking the said D.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (the result of the CD image analysis);

1. Application of CD 1 statute

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 on probation and community service order;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of the performance of official duties [Type 1]/no person shall be subject to the obstruction of the performance 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. Determination of sentence: Imprisonment with prison labor for 8 months and suspended execution for the crime of this case for 2 years, the crime of this case committed by the defendant upon receiving a report shall interfere with the performance of official duties, such as smuggling and assaulting to walk on the chest while taking a bath to the police officer dispatched by the defendant.

In light of the circumstances, methods, attitudes, etc. of the crime, the quality of the crime is not good.

The damage was not recovered.

However, in full view of the favorable circumstances, such as the fact that the defendant is against the defendant, the absence of the same kind of punishment power, and other favorable conditions, including the defendant's age, character and conduct, family environment, motive and circumstances of the crime, the means and consequence of the crime, and the circumstances before and after the crime, the punishment shall be determined as ordered within the scope of the above sentencing criteria.

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