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(영문) 전주지방법원 2020.01.30 2019고단1533
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 25, 2019, at least 01:40, the Defendant reported that he was used in the front stairs of the Donju-gun B apartment C, the 112-round 012-round 01:0, the Defendant assaulted F (the age 46) of the Donju-gun Esca (the age 46) who was sent to the Defendant in order to have the Defendant safely returned to the Defendant, by asking the above F (the Defendant she was asked at this rings and NAsca, and she turn off) of the entrance number.

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch disposition of 112 reported police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (receiving reports, and situation at the time of leaving the scene);

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

1. Scope of punishment by 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 sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

The fact that the nature of the crime is inferior by exercising force against the police officer in the course of performing official duties due to his uniform, that the act of obstructing the performance of official duties is confessioned and contradictory to the fact that public authority of the State is required to be publicly announced and to establish the order of the rule of law, that the degree of violence is relatively minor, that it is the primary crime, that it is deposit KRW 50,000 to the damaged police.

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