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(영문) 전주지방법원 2020.04.28 2019고단1570
공무집행방해
Text

The punishment of the accused shall be determined by six months of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2019, around 00:11, the Defendant received 112 reports from the head of the above age club division as a disturbance in the field of Dana, which continued to take a bath at the site of Dana, in the state of alcohol, and 112 reports were received and sent to the site, and assaulted by the method of cutting off the direction of G one time with a bad hand, after taking a position as to why the Defendant “I am back to the site of Dana, because I am back to the place of the business, I am back to the Defendant, and I am back to the site, I am.”

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

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Each report on investigation;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

1. Not more than five years of imprisonment with prison labor within the scope of punishment by law;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be the basic area (six months to one year and six months) of the obstruction of performance of official duties (the obstruction of performance of official duties).

3. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.

Unfavorable circumstances - The defendant exercised violence against police officers who are essential to establish the state and social order, and such obstruction of performance of official duties should be punished strictly.

- The Defendant did not agree with the police officer subject to obstruction of performance of official duties.

The favorable circumstances - The defendant's obstruction of official duties does not seem to have reached a very serious degree.

-the defendant has committed the same offence or has exceeded the fine.

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