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(영문) 의정부지방법원 고양지원 2020.02.19 2019고단3705
공무집행방해
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:30 on November 3, 2019, the Defendants sent three police officers including the police officer F(35) who belongs to the E District Unit, by reporting that the said singing practice room is running a business by employing a principal proprietor of the said singing practice room and running a business. However, the said singing practice room was closed and closed.

Defendant

A around 01:40 on Nov. 3, 2019, a police officer called as above was put on the above singing practice room. A was asked to open a door and refused to request it. As such, a police officer assaulted F of the above horse F to “this Chewing feas, i.e., fe., urine, urine, urine’s stick, and son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s body.”

Defendant

B When Defendant A assaulted a police officer and arrested him as an offender in the act of committing an act of committing an offense, Defendant A assaulted Defendant A with both arms of F in order to obstruct the arrest of Defendant A in the act of committing an offense.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Part of Defendant A’s legal statement and Defendant B’s legal statement

1. The police statement concerning F;

1. Application of the respective Acts and subordinate statutes of G, H and I

1. Articles 136(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 136(1) and 30 of the Criminal Act and choice of imprisonment

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A of a community service order: The reason for sentencing under Article 62-2 of the Criminal Act;

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 type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area, six months to one year and six months.

3. In general, the Defendants made a decision to punish the Defendants.

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