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(영문) 의정부지방법원 2019.02.08 2018고단4805
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 24, 2018, at around 02:00, the Defendant: (a) reported 112 to the effect that “Apson does not pay the drinking value” in front of an entertainment drinking club for the second floor “C”; and (b) assaulted the victim’s shoulder and the part of the neck, respectively, by taking advantage of the her hand, to verify his personal information.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the 112 Report Handling.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F, E, and G;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

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

2. Application of the sentencing guidelines (determination of types) : Crimes of obstruction of the performance of official duties, obstruction of the performance of official duties, and Type 1 (Compulsory Obstruction of Performance of Official Duties) (Scope of Recommendation), six months to one year and six months (basic area).

3. In order to establish a legal order of the country where the sentence of imprisonment is determined and eradicate the light of the public authority, imprisonment shall be selected in consideration of the fact that it is necessary to strictly punish the crimes of obstruction of performance of official duties, and that the accused has the same previous violation;

However, in full view of the facts that the defendant led to the crime of this case, and other circumstances, such as the sentencing guidelines and the age, character and conduct, environment, motive, means and result of the crime, the conditions of sentencing as shown in the arguments of this case, including the circumstances after the crime, etc., the punishment as ordered shall be determined.

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