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(영문) 의정부지방법원 2020.11.16 2020고단3801
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 28, 2020, around 01:05, the Defendant committed assault, such as: (a) around 01:05, around 01:05, the Defendant: (b) reported 112 that the Defendant was aware of his wife; (b) carried the Defendant’s wife in order to listen to the statement by the slope E affiliated with the D District Unit of the Guri Police Station, which called the Defendant; (c) carried out a slope E, which prevents the Defendant from cutting down, cutting down, cutting down, cutting down, and cutting down, and cutting down, by selling the F belonging to the D District Unit of the Guri Police Station, which prevents the Defendant.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases by E and F, a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to F, E, and G;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties: There is no person who has a category 1 (the obstruction of performance of official duties or coercion of duties) (the area of recommendation and the scope of recommendations] (the scope of recommendations and recommendations), basic area; six months to one year and six months;

2. Determination of sentence: Imprisonment with prison labor for six months, a crime of obstruction of performance of official duties for one year needs to be punished strictly for a crime detrimental to the functions of the State by obstructing the exercise of legitimate public authority.

The defendant, upon receipt of a report 112, has interfered with the legitimate performance of duties by a police officer by exercising force against a police officer dispatched, and the nature of such crime is not easy.

However, the court shall take into account the favorable circumstances such as the defendant's confession, and determine the punishment as ordered by taking into account all kinds of sentencing conditions, including the defendant's age, character and conduct, environment, method and result of the crime, and circumstances after the crime.

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