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(영문) 의정부지방법원 2020.11.11 2020고단1809
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 March 30, 2020, the Defendant demanded to find out a cell phone lost by the Defendant while taking a bath, such as a slope C belonging to the Guri Police Station B District, a police officer called “Chewing”, and “to start a cell phone,” in front of the Guri Police Station 359, Arisi-si, Ari-si, 359, in front of the Guri-si, Ari-si, 112, and assaulted the back part of Dori Police Station C on one occasion in front of the Guri Police Station B District, which was called upon 112, and continued to walk the back of the back part of Dori Police Station D on one occasion.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Application of Acts and subordinate statutes to the Defendant’s legal statement D, each police statement of the Defendant with respect to C to the investigation report on the 112 Reporting Case Handling Table (excluding a DNA camp image containing criminal motion images, CDs);

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of the recommended area and the punishment of recommendation], the basic area of the recommendation [the scope of the recommendation area and the punishment of recommendation], six months to one year and six months;

2. Determination of sentence: Imprisonment with prison labor for six months, and two years of suspended sentence, the Defendant committed assault by a victim police officer who was dispatched after receiving a report on 112, by breaking down the neck of the damaged police officer, and walking down the wing part.

Defendant has been punished several times for violent crimes.

It is necessary to strictly punish crimes that interfere with the performance of official duties as crimes that interfere with the legitimate exercise of public authority.

However, the defendant's attitude to reflect on the crime of this case is considered as a favorable circumstance, including the above circumstances.

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