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(영문) 춘천지방법원 영월지원 2020.04.28 2020고단76
공무집행방해
Text

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

On February 1, 2020, at around 02:43, the Defendant demanded that police officers take her fry to get her house in the influence of alcohol at the Pyeongtaek Police Station C police box located in Pyeongtaek-gun B of Gangseo-gun, and was rejected from the police officer D, and the Defendant was able to take her her fry at a large interest rate. On February 1, 2020, the Defendant continued to take her her bry to the police officer D while taking her brying her bry to a large interest rate before the police box, and assaulted D by her brying D’s her chest to the right right by hand.

Accordingly, the defendant interfered with the legitimate execution of duties on the situation of police boxes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Application of field photographs, closure photographs and Acts and subordinate statutes;

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. The scope of punishment by law: Imprisonment for one to five years;

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 Defendant assaulted a police officer who is performing legitimate official duties.

In order to establish the state's legal order and eradicate the light of the public authority, such obstruction of the performance of official duties shall not be deemed to be negligiblely committed.

However, considering the fact that the defendant shows the form of crime and there is no record of punishment for the same kind of crime, the punishment shall be determined like the order, comprehensively taking into account the defendant's age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime.

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