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(영문) 수원지방법원 안양지원 2020.05.08 2020고단126
공무집행방해
Text

A defendant shall be punished by imprisonment 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

At around 07:30 on December 22, 2019, the Defendant was under the influence of alcohol in the vicinity of the Manyang-si, the Defendant called “A” and the Defendant was under the influence of alcohol and returned back to the Defendant’s house, and C was under the influence of alcohol, and C was under the control of the D Zone E (ma, 43 years old) belonging to the Hayang-gu Police Station D Zone E (ma, 43 years old) who patroled in the vicinity of the D Zone at the request of the branch, and the said slope E was under the influence of the Defendant, and the Defendant was under the patrol of the Defendant.

On December 22, 2019, around 07:48, the Defendant continued to run adjacent to the F apartment commercial building in Gyeyang-gu, Mayang-gu, Mayang-si, Annyang-si, the Defendant “I would again bring about any problem,” and “I would like to bring about any problem,” and “I would like to go off from the patrol car,” and then pushed the chest of the said slope E once in his hand.

In order to continuously attract the India E from the above slope E, the franchis of the above slope E was shaking and shaking it.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and situation service of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (Attachment of On-site image CD reproduction);

1. Application of Acts and subordinate statutes, such as suspect photographs;

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 sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of recommendations according to the sentencing guidelines: Imprisonment with labor for one to eight months (decision on the type of imprisonment), the obstruction of performance of official duties [No. 1], the obstruction of performance of official duties/performance of duties (special sponsor): Where the degree of violence, intimidation, and deceptive schemes is minor (the scope of the recommended field and the recommended range of the recommended range), the reduced range of imprisonment with labor for one to eight months;

3. The circumstances and records below the sentence of sentence:

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