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(영문) 춘천지방법원 강릉지원 2021.01.28 2020고단1032
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On Oct. 20, 2020, the Defendant: (a) on Oct. 23:15, 2020, at the street in front of “C” on the top of “C” on the top of the 1112th floor in Gangnam-si B market; (b) upon receiving a report that the Defendant taken the body against another person’s will, the Defendant used to request the head of the police station affiliated with the 112 police station D branch of Gangseo-gu Police Station to present his personal information and to read a cell phone photograph file, “BF D. C.C.”; (c) interfered with the Defendant’s hand, and (d) interfered with E’s voice by putting the Defendant on the floor of the road; and (d) f.h., f., f., f., f., f., f., f., f.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Application of investigation reports (on-site photographs of suspect A interfering with the performance of official duties), field photographs, and statutes;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, reasons for sentencing of sentence of imprisonment with prison labor, and reasons for sentencing;

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

2. Scope of the recommended punishment according to the sentencing guidelines [type determination] Crimes impeding the performance of official duties: [Type 1] No interference with the performance of official duties/no coercion [no person subject to special sentencing] [the territory of recommendations and the scope of punishment] basic area, six months to one year and six months;

3. The Defendant, who was sentenced to a suspended sentence of imprisonment with prison labor for the crime of injury, committed the instant crime even though he/she was under the suspended sentence, and other various sentencing conditions as shown in the records and arguments of the instant case, including the Defendant’s age, sex, environment, circumstances after the commission of the crime, etc., shall be determined as ordered by considering the following factors.

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