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(영문) 의정부지방법원 2019.07.31 2018고단4868
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

Around 22:59 on October 20, 2018, the Defendant: (a) obstructed the police officer’s legitimate execution of duties regarding the handling of a report on 112 incident by assaulting a part of the face face of the police officer’s 112 report by assaulting the police officer at one time, who was called out after receiving 112 a report, on October 20, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs;

1. Application of the Act and subordinate statutes to report an investigation (on the face of a criminal record CD verification);

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 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 the performance of official duties [Type 1]/ No person shall be subject to the obstruction of the performance of official duties [the scope of recommended and recommended punishment] (the scope of recommendation field and recommended punishment] basic area, six months to one year and six months [no person who is a general person] [the grounds for suspension of execution of punishment].

3. Determination of sentence: A sentence of imprisonment with prison labor for six months and a suspended sentence for two years, even though the defendant committed the instant crime, which was committed by assaulting a public official and obstructing the performance of official duties, and thus, the defendant needs to be punished by severe punishment for the purpose of establishing public authority and legal order. However, although the defendant led to the instant crime, which led to a confession of the instant crime and reflects his mistake through a prison life for approximately one month, and most of the criminal records of violent crimes are criminal records, they are punished by fines, but they are deemed to have been under the influence of alcohol at the time of the instant crime.

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