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(영문) 의정부지방법원 2019.07.03 2019고단1207
공무집행방해
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

around 02:30 on March 16, 2019, the Defendant: (a) at the house of the Defendant, at the office of the Government of the Republic of Korea, on 02:30 minutes; (b) on the part of the Defendant, the wife and the married fighting; and (c) on the 112 report, E, a police officer affiliated with the Round of the Gu Police Station, called the Defendant, tried to listen to the Defendant’s statement; and (d) was sc

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to field photographs and victim photographic materials;

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;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations according to the sentencing guidelines] The basic area (6 to 1.6 months) of the obstruction of performance of official duties is a crime that interferes with the performance of official duties by breaking a breath of the police officer’s bathers while performing official duties.

The crime of obstruction of performance of official duties is a crime that is not good quality in terms of making it difficult to exercise the public authority, which is the basis of a rule of law, and that the damage is returned to a good number of citizens.

In light of the type and degree of the defendant's use, the case belongs to a relatively heavy case.

The defendant has been punished for violent crimes even before.

However, it shall be considered in favor of the fact that the defendant recognizes the crime and is against the defendant, and that there is a family member to be supported, such as the defendant's children.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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