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(영문) 수원지방법원평택지원 2020.12.04 2020고단2336
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On March 11, 2020, the Defendant sentenced Cheongju District Court to 8 months of imprisonment for the obstruction of performance of official duties, etc., and completed the execution of the sentence on July 4, 2020.

[Basic Facts] Around 17:20 on September 15, 2020, the Defendant was on board a B-city bus operated from Jincheon-gun to Seocheon-si, Chungcheongnamcheon-do, and received 112 reports as the date the Defendant avoided, such as taking a bath for drivers and passengers, pointing out that he did not wear a horse.

The Defendant, at around 17:52 on the same day, sent out after receiving a report at around 112, the police officers belonging to the Ansan Police Station C police station, sent the Defendant at the front bus stops E located in D when the Defendant was aware, and the Defendant was informed of the complaints against the police officers despite the notice to inform the police officers of the death and mountain terminal in the front bus stops located in D to return the Defendant.

【Criminal Facts】

On September 15, 2020, at around 19:22 on September 15, 2020, the Defendant: (a) discovered in the G police box located in F in Ansan-si; and (b) committed a disturbance, such as passing the disturbance, “I see why I am out of why I am out of her,” and “I am out of her,” and called “I am out of this son.”

Accordingly, the defendant assaulted police officers and interfered with legitimate execution of duties on police boxes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Details of 112 incidents reported;

1. The service log of the G police box;

1. A video closure and CCTV video CD;

1. A report on internal investigation (to listen to the telephone statement of a bus engineer related to 112 food service);

1. Previous records of judgment: Criminal records, etc., investigation reports (Attachment to the previous records of the same kind and the judgment, etc.), previous records of disposition, results reporting, and application of Acts and subordinate statutes concerning attached data;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the type of obstruction of performance of official duties]. The obstruction of performance of official duties (the type 1].

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