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(영문) 수원지방법원 평택지원 2019.06.21 2018고단1456
공무집행방해
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

On August 17, 2018, at around 20:17, the Defendant reported 112 to commit suicide in Pyeongtaek-si B Building C. On the same day, the Defendant got asked of the details of the report from the police box E at the police box affiliated with the police box called “Sast, sast, sast, sast, sast, sawd” and assaulted the victim’s chest part by head twice.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

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

1. Grounds for sentencing under Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The defendant's decision to punish a sentence has exercised force against a police officer in the course of performing official duties, and it is not good that the crime is committed.

The punishment has been imposed several times due to the crime of violation of the Punishment of Minor Offenses Act due to similar crimes, and the risk of recidivism in the future seems to be disadvantageous to the defendant.

In addition, the defendant's age, character and conduct, environment, background leading to the crime, circumstances after the crime, etc. shall be determined as per Disposition after comprehensive consideration.

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