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(영문) 의정부지방법원 2020.06.01 2020고단543
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 December 22, 2019, around 04:15, the Defendant assaulted “C” in front of “C,” which was called “C,” on December 22, 2019, by having received a report from 112 and solicited “W,” who was sent to the site to return home from E in the circumstances of the D Zone belonging to the Gu Police Station of the Gu Government Police Station, which was called to the site, “Is the guardian, who will be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to take responsibility,” and

As a result, the Defendant interfered with the legitimate execution of duties of police officials on the prevention, suppression, and maintenance of order of crimes following the receipt of 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Application of investigative reports (police officers' scam scam readings) and photographic 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. 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 performance of official duties (category 1] and the absence of the obstruction of performance of official duties [the scope of the recommended area and the scope of the recommended punishment], the basic area of the obstruction of performance of official duties (the scope of the recommended area and the recommendation), six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months, the crime of this case for two years of suspended execution shall not be deemed to have exercised the direct tangible power against police officers performing official duties;

Defendant has been punished several times for violent crimes (three times of fine and one time of suspended execution of imprisonment).

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant is against his mistake and the degree and method of the assault of this case, the degree of damage, the age, character and conduct of the defendant, and the sentencing conditions shown in the records, such as the environment.

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