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(영문) 의정부지방법원 2021.02.17 2020고단4636
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 29, 2020, the Defendant obstructed the performance of official duties against B, who received 112 reports in front of the parking site of the “D cafeteria” parking site located in the Gu-Si, the Defendant assaulted the face part of the above B one time by taking advantage of the son’s hand, who was urged to return home from the police station located in the E District, and who was called up.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

2. On August 29, 2020, the Defendant interfered with F’s performance of official duties, and the Defendant was arrested and taken custody of a flagrant offender due to interference with the performance of official duties in the “E District” located in G at the time of the Government around 19:10 on August 29, 202, and the Defendant attempted to dismantle the Defendant’s lock, i.e., the Victim F (F., South, 34 years old) who was the victim of the police station belonging to the said District, who was dissatisfied with the arrest of the flagrant offender, and asked the victim with his left arms of the said victim, thereby taking approximately two weeks of medical treatment.

Accordingly, the defendant interfered with legitimate execution of duties concerning arrest of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. The defendant's legal statement B, each police's statement records against F, damaged photographs, badi campaign editing photographs, and CCTV analysis photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for the selection of a sentence under Articles 40 and 50 of the Criminal Act (the crimes of interference with and injury to the F in the performance of official duties);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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

(a) Class 1 Crimes (Inflicting of Injury) [Determination of Type] In general injury [Type 1] General injury [Special Sentencing Person]: In the case of interference with the execution of official duties, [the territory of recommendation and the scope of punishment] increased area, six months to two years and six months; and

(b) Class 2 Crimes (Interference with the Execution of Official Duties) / [Tangible Decision] Crimes impeding the Execution of Official Duties.

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