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(영문) 전주지방법원 군산지원 2019.11.22 2019고단1221
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 19:00 on September 19, 2019, the Defendant reported 112 to the effect that he was assaulted by the Defendant under the influence of alcohol, and was sent to the site by the police officer E belonging to the former North Gun Police Station, and the police officer belonging to the same police officer, two 10,00 won rights of 50,00 won in order to visit the site and listen to the reported details. The Defendant was able to say that he was assaulted by the Defendant to Ap, who was sexually transmitted to Ap, and was able to say that he was “Ap, spath, spathn, and spathn, anywhere, what he had been sexually transmitted to B.”

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties [Type 1]/no person shall be subject to the obstruction of performance of official duties [the scope of recommended areas and recommendations] basic area (the scope of recommendations and recommendations], six months to one year and six months [the general person who is subject to the punishment].

3. Determination of sentence: The sentence of imprisonment with prison labor for six months, the suspension of execution for two years is deemed to have reached the instant crime by contingency, the crime is deemed to have been committed, the same kind of crime has no record, and the crime of obstruction of performance of official duties is an element of sentencing which is disadvantageous to the fact that the crime of obstruction of performance of official duties is a crime which impairs the function of the State by impeding the exercise of legitimate public authority and thus requires strict punishment, and is determined as ordered in consideration of the age, character and conduct of the accused, circumstances after the crime, criminal records

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