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(영문) 의정부지방법원 2020.02.28 2019고단4525
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 26, 2019, at around 00:30, the Defendant: (a) 112, the Defendant, through a police officer of the Macheon Police Station, who was called for cooperation on the roads in order to take custody of the victim F, who was a policeman belonging to the House E zone belonging to the Gu Government Police Station E zone and called for cooperation on the roads in order to take custody of the victim F, who was called for cooperation; (b) the Defendant, while getting on the back of the E zone 13 patrol seat of the E zone 13, was moving to the police station, he she laid down the part inside the left part of the victim F, who was on the front line of the F, who was on his hand on his hand in the vicinity of the F, who was on the front line of the F, and moved to the police station, on the same day at around 10:45 on the same day, he she was on the front left part of the 100 government calendar.

As a result, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of the 112 Report Case, and at the same time, the victim F was on the left-hand side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to F and G;

1. Application of the Acts and subordinate statutes on photographs of damaged parts;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [decision of types] general injury [Type 1] and there is no general injury [special person] [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation range] basic area, the imprisonment for April through January 16 [no person who is a general person] [no ground for suspension of execution of sentence].

3. Determination of sentence: Imprisonment with prison labor for eight months and suspension of execution for two years, the Defendant committed the instant crime without any restraint, even though there are a number of previous and previous crimes.

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