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(영문) 의정부지방법원 2020.08.12 2019고단5148
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On January 30, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor due to a special injury, etc. by the District Court of Jung-gu on July 18, 2018, and the execution of the sentence was terminated.

【Criminal Facts】

On October 29, 2019, around 00:05, the Defendant expressed his desire to read “C” in the House of the Government, which is located in the House of the Government, in order to “C” in the House of the Government, and to listen to the horses that “the Defendant would cut to the house” from the policeman E belonging to the House of the Police Station D Zone of the Medical Police Station, called “the police and this son will cut to the house,” who was sent after being reported 112 on the part of customers and drinking to drink. The Defendant expressed his face one time on the left hand.

Accordingly, the defendant assaulted police officers who perform legitimate duties concerning the handling of 112 reported cases and civil petition affairs, thereby hindering the execution of official duties.

Summary of Evidence

1. Statement of the police on the Defendant’s legal statement E, investigation report (CCTV video recording) on the case list 112 reported;

1. A damaged photograph;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes concerning inquiry reports and personal confinement status;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of the recommended sentence according to the sentencing guidelines [the decision of type] of the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of recommending area and recommendation] basic area, the decision of sentence from June to June 2: the defendant has been punished three times for the obstruction of performance of official duties even before he/she was sentenced to imprisonment, and has been punished several times for violent crimes, obstruction of business, etc.

In particular, the Defendant was sentenced to eight months of imprisonment for a special injury crime on January 30, 2018 and completed the execution of the sentence on July 18, 2018, and committed the instant crime without being aware of the fact that the Defendant was a repeated offender.

The crime of obstruction of the performance of official duties requires strict punishment as a crime detrimental to the function of the State by obstructing the exercise of legitimate public power, and the defendant repeatedly.

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