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(영문) 의정부지방법원 2020.08.26 2020고단732
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

At around 02:10 on January 27, 2020, the Defendant expressed his desire to “C” in front of the main point of “C” located in Kuri-si B, “C,” “I am 112 of the content of “I am am am am am am am am am,” “I am am am am am am am am and am am am am am am am,” and threatened the Defendant in front of the main point of “C” located in the Guri-si, Siri-si, am am am am am am am in order to put am e in the future.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of E concerning the handling of reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement F of the police statement with respect to E, each protocol of seizure of G, and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (field situation, etc.) and a report on investigation (with respect to CCTV and TV images for crime prevention);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Aggravation factors of the obstruction of performance of official duties [Article 1] / Forced performance of official duties (Special Aggravationd Persons] according to the sentencing guidelines, the scope of the recommended punishment according to the sentencing guidelines [Article 1] : In cases of showing the threat of group or mass force or carrying dangerous objects (the area of recommendation and the scope of the recommended punishment] increased area, one year or four years of imprisonment;

2. Determination of sentence: Imprisonment with prison labor for a year, the Defendant, two years of suspended execution, left the excessive amount of goods, which is dangerous, to police officers, and forced them to perform legitimate duties.

It is necessary to strictly punish crimes that interfere with the performance of official duties as crimes that interfere with the legitimate exercise of public authority.

However, the circumstances favorable to the defendant's recognition of the crime of this case are that it reflects on the fact.

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