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(영문) 의정부지방법원 2020.03.24 2019고단2596
공무집행방해
Text

A defendant shall be punished by imprisonment 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

On June 11, 2019, the Defendant, at around 22:00 on June 22 and 22:00, 2019, talked with a disturbance, such as brying “D” room managed by the victim C of the approximately 6th floor of the Gyeongginam Police Station E box of the Gyeongginam Police Station, which was called “the flasing person fright at a sobrying room,” and brying “the flasing person fright at a sobing room,” and brying “the flasing person fright at a sobrying room,” and f, upon receiving a report from 112, talked with the Defendant about the relevant question, and f, she takes a bath to the said police officer, who is in the flasing part of the Kabter.”

On the right side, the above police officer's right side course is walking once, and the left hand floor that occurs on the job was interfered with legitimate execution of duties concerning the police officer's handling of 112 reports by 2 times.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement outside C and one other;

1. Application of on-site ctv images and investigation reports (ctv video analysis) legislation;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service or lecture attendance order;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The defendant committed the crime of this case again even though he had been sentenced to imprisonment for the same kind of crime and had been sentenced to several times of violence, the degree of obstruction of performance of official duties is not easy, the defendant's location was arrested as a drunk driving, the criminal records of the same kind of crime of the defendant have long been arrested, and other crimes of the defendant have long been committed.

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