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(영문) 수원지방법원 2020.11.18 2020고단4959
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 July 3, 2020, at around 01:43, the Defendant reported 112 to the effect that “the Defendant assaulted a load in the country” at his own residence located in Suwon-gu B and C, Suwon-si, and expressed to the police of the D District Police Station in the Suwon-gu, Suwon Police Station D District on the same day after receiving a report at around 02:10 on the same day, who was asked the police of the Suwon-gu, Suwon-gu, Police Station D, who was called for, and asked the police of the D District D District, that “I have made a desire for illness” from the border E.

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

Summary of Evidence

1. Application of the CD-related Acts and subordinate statutes to which the police officer’s written statement statement E stores the video of the defendant’s legal statement;

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 (The following extenuating circumstances among the reasons for sentencing);

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 sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] There is no obstruction of performance of official duties or coercion of official duties (special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months of imprisonment.

3. There is a question as to whether the defendant is against the truth in light of the attitude and attitude of the defendant, etc. revealed in the arguments of the sentence.

The degree of the assault in this case is relatively minor.

No defendant has received a letter from a victimized police officer.

However, the defendant confessions the crime of this case.

Defendant shall be punished by a fine due to drunk driving only once.

In addition, it is decided as per Disposition in consideration of the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.

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