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(영문) 수원지방법원 안양지원 2020.01.22 2019고단2388
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

On October 19, 2019, at around 02:38, the Defendant: (a) 112 reported 112 on the street in front of the store C, which was located in the Dong-gu, the Defendant: (b) and reported 112 on the street in front of the store; and (c) was urged by the Defendant to return home from the slope E belonging to the police station D District E, policeman, and F during the game f, he was dispatched to the site; (b) he was spiting the F, frighting the drinking, frighting, frighting the F’s face; (c) spiting the F’s face to the horse E; and (d) spit the E face; and (e) spit the E face.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. F's statement of victim's written statement;

1. Application of CCTV video-related Acts and subordinate statutes for controlling a violation of parking or stopping;

1. Article 136 (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 (Punishment prescribed for the crimes of obstruction of performance of official duties against E by police officers with heavier rank);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing of Article 62-2 of the Criminal Act, Article 44-2 and subparagraph 2 of Article 2-3 of the Medical Treatment and Custody, etc. Act (as a result of the record, the defendant needs to receive treatment for alcohol dependence, and considering the details and content of the crime of this case, the risk of recidivism is recognized if the defendant does not undergo the above treatment)

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. Since the scope of each crime according to the sentencing criteria is in a mutually competitive relationship, the sentencing criteria shall be applied on the basis of the crimes against E with more severe sentencing criteria, and the scope of the recommended sentence shall be applied.

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