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(영문) 의정부지방법원 고양지원 2019.09.27 2019고단1393
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around 21:30 on May 14, 2019, the Defendant: (a) committed assault, such as assaulting the body of the police officer at the time of the 112 report handling of the 112 reported case, by the police officer E, who was dispatched to the scene after receiving the Defendant’s 112 report at C on May 14, 2019; (b) “I see, I am, I am as soon as soon as possible, I am. I am. I am.”, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of the 112 reported case.

On July 5, 2019, the Defendant: (a) from around 01:00 to around 01:16, 201, at the Horse point operated by the victim G (the age of 62, leisure) in the F and the first floor of Pakistan to lend the Handphone to the victim; (b) the victim refused to use a public telephone outside the 100 foot omb to reduce the 100 foot omb; and (c) the Defendant interfered with the victim’s convenience store business by force by avoiding disturbance, such as raising a disturbance to customers sitting outside the above convenience store, thereby obstructing the victim’s convenience store business.

Summary of Evidence

"2019 Highest 1393"

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of the I "2019 Highest 2047";

1. Defendant's legal statement;

1. G statements;

1. CCTV closure photographs;

1. Application of Acts and subordinate statutes to investigation reports (CCTV and victim counter-investigation);

1. Relevant Article 136(1) of the Criminal Act and Article 314(1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of official duties and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1).

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