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(영문) 의정부지방법원 고양지원 2019.09.09 2019고단1662
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

At around 01:40 on May 4, 2019, the Defendant: (a) received 112 report to the effect that “C” located in Seoyang-gu, Seoyang-gu, Seoyang-gu; (b) “Woo-gu, Seoyang-gu, Suyang-gu, Mayang-gu,” and received inquiries from E concerning the process of disturbance from the circumstances surrounding the jurisdiction of the Goyang-gu, Goyang-gu, which called “Woo-gu, Mayang-gu, Mayang-gu, Mayang-gu, Ma, Ma-gu, Ma-gu, Ma-gu, Ma-gu; and (c) committed assault by the Defendant, by hand, on the hand, the chest of the above E, “Woo-gu, Ma,

Accordingly, the Defendant assaulted as above and interfered with the legitimate execution of duties by police officers concerning crime prevention, suppression and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to investigation reports (investigation into the analysis of cellular phone images recorded by victims);

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 month to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties [Type 1]/ the coercion of official duties [Special Convict]: Where the degree of violence, intimidation and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month or eight months of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for four months, and acts of assaulting police officers who perform public duties in one year of suspended sentence shall be punished strictly;

However, considering the fact that the defendant acknowledges and reflects the crime, the degree of damage of the victimized police officer is not significant, and that there is no past record of criminal punishment so far, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., shall be determined as ordered by considering the overall sentencing conditions under Article 51

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