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(영문) 의정부지방법원 2019.05.22 2019고단442
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

In light of the statements of several witnesses D and CCTV images supporting them, this part of the facts charged can be fully convicted, and the witness G’s legal statement that seems to be contrary thereto is difficult to believe it is in light of the relationship between the above witness and the defendant (spouse), the status of the above witness before and after the crime, etc.

Application of Statutes

1. Relevant Article 260(1) of the Criminal Act, 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court] Article 62-2 of the Social Service Order [the scope of the punishment for the obstruction of performance of official duties]: Type 1 (Obstruction of Performance of Official Duties) and the basic area (six to one month) of the obstruction of performance of official duties (two to six months): The basic area (two to ten months) of the crime of assault according to the basic area (two to one month): The sentence range according to the criteria for handling multiple crimes * The sentence range according to the criteria for handling multiple crimes: June to November 11 [the sentence]: the defendant has the record of being punished as the obstruction of official duties or violent crimes even before, and has the tendency to repeat the crime under the influence of alcohol, such as having the record of punishment for drunk driving.

It is also a crime of assaulting a police officer called out due to the assault of a proxy officer by the defendant.

The crime of obstruction of performance of official duties is a crime that is not good quality in terms of making it difficult to exercise the public authority, which is the basis of a rule of law, and that the damage is returned to a good number of citizens.

However, given the favorable circumstances in favor of the family members to be supported by the defendant.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record, etc., the punishment as ordered shall be determined.

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