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(영문) 의정부지방법원 2020.06.01 2020고단588
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 February 8, 2020, at around 21:15, the Defendant assaulted C, such as: (a) “I am home, under the influence of alcohol” from C to the chief of the police box belonging to the Namyang Police Station B box called “I am home,” who was called “I am home, I am at the police lane, I am at the same time, I am at the police lane, I am at the same time, I am at the same time, I am at the bit of bit of bitch, I am, I am at the same time.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the investigation report (verification of patrol booms and video images) and the Acts and subordinate statutes of photographic images of black booms;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties (category 1] and the absence of the obstruction of performance of official duties [the scope of the recommended area and the scope of the recommended punishment], the basic area of the obstruction of performance of official duties (the scope of the recommended area and the recommendation), six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months, the crime of this case with a stay of two years shall not be deemed to have been committed by the defendant due to an assault against police officers performing official duties, etc.;

Defendant has been punished several times for violent crimes.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's mistake is against himself/herself; the defendant has no record of being punished in excess of the fine for violent crimes; the degree and method of the assault of this case; the degree of damage; the defendant's age, character and conduct; and the sentencing conditions in the records

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