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(영문) 춘천지방법원 영월지원 2020.03.31 2020고단80
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to two years of imprisonment with prison labor for the purpose of obstruction of performance of official duties in the Youngcheon District Court’s Yeongdeungpo Branch on June 4, 2019, and the judgment was finalized on September 27, 2019. On September 24, 2019, the Defendant was sentenced to two years of suspension of execution for one year of imprisonment with prison labor for a special injury, etc. in the same court on September 24, 2019, and the judgment became final and conclusive on October 2, 2019.

【Criminal Facts】

On February 22, 2020, at around 05:19, the Defendant made a 112-report to the effect that he would drink alcohol and voluntarily surrenders himself to the thief at the Bupyeong Police Station C District located in Gangseo-gun, Gangwon-gun, and subsequently, he saw D’s attitude on the ground that police officers who listen to the Defendant’s statement did not come to the mind, and used D’s large sense on the ground that D’s attitude did not come to the mind, and assault D’s sin, distribution, and breast with the finger hand hand, which was pushed down the breast part of D’s shoulder with a hand hand when the Defendant was tight at several times.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A list of photographs of CCTV images-faging, a list of reported 112, and a list of 112 reported cases;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, accompanying documents, investigation reports (verification of the fact that the period of suspension of execution of punishment is period), and application of Acts and subordinate statutes attached thereto;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

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 was assaulted by a police officer who is performing legitimate duties.

Establishment of the state's legal order and the state of public authority.

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