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(영문) 의정부지방법원 2020.10.12 2020고단4024
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 August 3, 2020, at around 02:25, the Defendant received 112 reports to the effect that “the Defendant is dissatisfied with the upper house” within the Defendant’s residence located in the Namyang-si, the Namyang-gu Police Station D Boxes affiliated with the said police officer, and the slope F, who was called “the resident’s report was made, so it would be soon possible for the Defendant to do so.” The Defendant tried to see the horses that “I would like to see that I would come to go, who would come to go, who would be reported, and what I would be reported, I want to get F’s face f’s face f’s head when I am from the said police officer.”

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. Defendant's legal statement;

1. Each police statement concerning E and F;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation;

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

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

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 has been subject to punishment several times due to violent crimes, etc., because he exercised force to the police officers who called upon 112 report and interfered with the legitimate execution of duties by the police officers.

However, the fact that the defendant shows an attitude against the defendant while recognizing the crime of this case, and the degree of tangible power exercised by the defendant is relatively insignificant.

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