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(영문) 의정부지방법원 2021.02.04 2020고단5731
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On October 10, 2020, the Defendant assaulted the victim on the front of the above main point by 2 times as her hand when her head of the victim D(20 years old) who d'(20 years old) who d'(C) under the influence of alcohol from the "C" located in Namyang-si, Namyang-si, 2020, without any particular reason.

2. On October 11, 2020, the Defendant obstructed the performance of official duties, at around 00:04, the Defendant was arrested by the slope H belonging to the G police box in the Namyang-gu Police Station G police station, who was dispatched to the scene after receiving a report of 112 due to the same crime as stated in paragraph (1) on the front of the “F” located in the Namyang-si, Namyang-si, the Defendant assaulted the me face of the police officer I by his hand while getting in the back seat of the patrol police box and getting in the G police box and moving to the back seat of the patrol police box one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written statements of J and D;

1. Application of damaged photographs, each closure photograph and Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) concerning criminal facts, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment and concurrent crimes committed by a person who interferes with the execution of public duties against I with the largest punishment and punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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: Imprisonment with prison labor for up to seven years and six months;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes of assault [Determination of Type] There is no general assault (Type 1) (the person subject to special sentencing) (the scope of recommending punishment] (the scope of recommending punishment) from 2 months to 10 months (the basic area)

(b) interference with the performance of official duties (a type of ruling). Obstruction of the performance of official duties/ coercion of duties (Type 1).

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