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(영문) 의정부지방법원 2021.01.28 2020고단5529
공무집행방해
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

On October 2, 2020, the Defendant arrested the Defendant as a current offender, the circumstances E (54 tax) belonging to the police station of the Jung-gu Government Police Station D(54 tax) called the Defendant, called “C cafeteria” located in the Gu-si B around 00:05 on October 2, 2020, when receiving a report from 112.

The defect, "I am, without having any crime of camping, I am fast," and the knife the knife of the defendant's knife in order to take the knife of the knife, the knife knife of the defendant's knife of the knife, knife the right knife of E with the right hand knife, knife the knife of E with the right hand knife, and knife the knife of F(35 years old) with the head of F(35 years old) belonging to the same knife.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each written statement of G and H prepared;

1. Application of Acts and subordinate statutes to on-site photographs, victim-victim photographs, and national photographs;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to seven years and six months;

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

(a) Interference with the performance of official duties [the type of determination] Interference with the performance of official duties, and interference with the performance of official duties / [the type No. 1] no person subject to special sentencing [the scope of recommended punishment] 6 months from 6 months to 1 year and 6 months (basic area]

(b) Application of standards for handling multiple crimes: Six months to two years and three months (=one year and six months x one year and six months x one-half);

3. The crime of this case committed by the defendant at a restaurant is committed by the defendant, and the police who called the defendant upon receiving a report intends to arrest the defendant.

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