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(영문) 수원지방법원 평택지원 2020.06.16 2020고단15
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

1. On October 19, 2019, the Defendant: (a) reported on October 19, 2019 at the main point of Pyeongtaek-si B’s “C” located in Pyeongtaek-si B, and was urged to return home from E, who was called out, to the police officer of the D Zone E to return home; and (b) assaulted upon the face of the said police officer.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

2. On October 20, 2019, the Defendant committed the crime on October 20, 2019, around 00:00 and around October 20, 2019, on the D District located in Pyeongtaek-siF, and was taking protective measures for the same reason as paragraph 1, and the slope G belonging to the said D District asked the Defendant’s spouse’s personal information to hand over his/her disease, and displayed his/her face on the part of the said police officer.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of the H’s photographic Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) Class 1 crime (Determination of Punishment) (Obstruction of Performance of Official Duties) (Crime / [Class 1] Obstruction of Performance of Official Duties (Special Sentencing) : In cases where the degree of the assault is insignificant (in the area of recommendation and recommendation range), mitigation area, imprisonment with labor for one month to eight months;

B. Second Crimes (Determination of Punishment of Obstruction of Performance of Official Duties) / [Attachment 1] Obstruction of Performance of Official Duties (Special Sentencing) : In cases where the degree of the assault is minor (the scope of recommending area and recommendation), mitigation area, imprisonment with labor for one month to eight months;

(c)Recommend recommendations according to the standards for handling multiple crimes;

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