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(영문) 춘천지방법원 강릉지원 2019.09.03 2019고단892
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Justice] On March 25, 2016, the Defendant was sentenced to three years of imprisonment with prison labor for the crime of obstruction of performance of official duties at the Gangnam Branch of the Chuncheon District Court on April 2, 2016, and the judgment became final and conclusive on April 2, 2016. On October 17, 2017, the same court was sentenced to six months of imprisonment with prison labor for the crime of obstruction of performance of official duties and the judgment became final and conclusive on April 4, 2018, and the execution of the final sentence was completed in the Chuncheon Prison on December 30, 2018.

【Criminal Facts】

At around 22:20 on July 21, 2019, the Defendant argued that he was under influence of alcohol and was under trial expenses at C, and that he was dispatched to the site upon 112 report, and asked the Defendant about the case, and the Defendant asked the case by the slope E, a police officer belonging to the Samyang Police Station D police box, who was dispatched to the site after receiving 112 report. The Defendant stated that “I am at night, I am?” and that “I am at night, I am, I am under 4-5, and am under am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I.

Accordingly, the defendant assaulted E, a police officer, to interfere with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. 112. List of reported cases;

1. Domestic investigation report (as to the situation at the time of arrest A who is suspected of obstruction of the performance of official duties)

1. Previous records of judgment: Application of criminal history records, investigation reports ( repeated crimes of suspects, confirmation of criminal records of the same kind, and attachment of judgment);

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One month to ten years;

2. Scope of the recommended punishment according to the sentencing guidelines [the range of punishment] of the obstruction of performance of official duties [the category 1]/ the coercion of official duties (the special person] increased factors: Aggravation of repeated crimes of the same kind [the scope of recommending area and recommendation] increased area, 1 to 4 years of imprisonment.

3. Circumstances unfavorable to the decision of sentence: the defendant is in the same kind;

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