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(영문) 의정부지방법원 고양지원 2020.02.18 2019고단3542
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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 December 1, 2019, around 01:10 on December 1, 2019, the Defendant was requested to take measures so that he/she may express his/her personal information and pay a taxi fee from the E officer belonging to the Goyang-gu D Zone in the Goyang Police Station D Zone in the Goyangyang Police Station, which was called upon 112 report to the effect that “the Defendant shall have a taxi passenger and a city passenger...........” on December 1, 2019, the Defendant was requested to take measures so that he/she may pay his/her taxi fee,” “I am back to his/her house. I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am? I am. I am. I am. I am am......”

Accordingly, the Defendant assaulted as above and interfered with the legitimate performance of duties by police officers in relation to crime prevention, suppression and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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 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, who was sentenced to a sentence, expressed the desire to take the police officer and the attitude of threatening him/her to go through, and the degree of exercise of force was not minor.

The fact that the defendant acknowledges and reflects a crime, there is no record of punishment for obstruction of performance of official duties, assault, or assault, and that certain amount of money was deposited for the damaged police officer shall be considered as favorable circumstances.

The age, character and conduct, environment, motive, means and result of the crime of the defendant;

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