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(영문) 의정부지방법원 고양지원 2020.05.14 2020고단344
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 January 18, 2020, the Defendant received a 112 report that “the head was faced with the principal who was in excess of the principal” in Gyeyang-gu Seoul Metropolitan Government B around 16:32, and requested that a slope affiliated with the Goyang Police Station C District unit of the Goyang Police Station sent back to the dwelling place D.

At around 16:40 on the same day, the Defendant: (a) demanded from Goyang-gu Goyang-gu Goyang-gu Goyang-si to get a car to the vicinity of his residence in front of the patrol room; (b) “Yak-gu, e.g., e., g., g., g., g., g., g., f., g., f., g., g., g., g., g., g., g., g., g., g., g., p

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the prevention, suppression, and investigation of crimes as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV images verification);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election 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 the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendation field and recommendation range] there is no person subject to the coercion of official duties] (the scope of recommendation field and recommendation range] basic area, six months to one year and six months;

2. Although the degree of interference with the decision-making of a sentence is not minor, the sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the defendant’s age, social life relationship, circumstances leading to the crime and circumstances before and after the crime; and (b) the overall sentencing factors in the process of investigation and trial, such as the defendant’s age, social life relationship, circumstances leading to the crime; and (c) the community service order shall be added

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