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(영문) 의정부지방법원 고양지원 2019.10.24 2019고단2329
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. Around August 17, 2019, the Defendant assaulted the victim D(23 years of age) who had smoked in the “C” restaurant in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Soon on August 17, 2019, for the victim D(23 years of age) who had smoked at the same time, and without good cause, twice the victim’s left side son.

2. On August 17, 2019, the Defendant reported 112 to the F Zone of the Goyang-gu Police Station in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, on August 17, 2019 to the effect that “any person who wraps tobacco is assaulted by any person who smokes tobacco,” and was arrested by police officers, such as the police officers, such as the chill G, who were dispatched to the scene under the above paragraph (1) and was compelled to sign documents, such as a written confirmation of arrest of flagrant offender, and the Defendant was demanded by G to sign the victim on one occasion.

Accordingly, the Defendant assaulted as above and interfered with the legitimate execution of duties by police officers concerning crime prevention, suppression and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Data on photographs of each damaged part;

1. Application of Acts and subordinate statutes to criminal investigation reports (Attachment to image);

1. Article 260(1) of the Criminal Act (the point of violence and the choice of imprisonment), Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), Article 260(1) of the Criminal Act, the

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

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 month to seven years;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

B. The second crime (determination of types of violence) is a violent crime (decision of types of violence). The assault crime is a crime [Article 1].

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