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(영문) 의정부지방법원 고양지원 2019.10.21 2019고단181
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 15, 2019, at around 00:45, the Defendant: (a) 94 Haak-gu, Yari-si, Yari-si, and sent a 112 report at the office of the 112 Simsan Station, the Defendant heard the Defendant to return home from C, a police officer of the Yari Police Station B police box called “Sari-be, I am I am I am I am.” (b) while taking a bath to “Sbuck-be, I am I am.” on the part of the victim’s chest, I am I am the victim’s breast part at once, and walk the buck-do knish, so I interfere with the legitimate performance of duties concerning the police officer’

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. 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 recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. Determination of sentence: Six months of imprisonment with prison labor, and the exercise of force against police officers who perform public duties for one year of suspended sentence requires strict punishment.

However, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., shall be determined by comprehensively taking into account the following factors: the defendant's age, character and behavior, the environment, the motive, means and consequence of the crime, etc.

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