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(영문) 의정부지방법원 고양지원 2020.05.07 2019고단3616
공무집행방해
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

At around 01:30 on October 20, 2019, the Defendant: (a) committed an assault by the Defendant on the wall of the police officer on the ground that: (b) on the part of the Defendant, the Defendant was spawn, who was on the seventh floor of the building B, and was reported by 112 to the effect that, before the Defendant, E, a policeman belonging to the police station of the State Police Station, who was dispatched after being reported by 112, would restrain the said friendship or his employees from taking a bath and sound towards towards them; and (c) committed an assault on the wall of the said police officer on the ground that he was spawn, spawn, and spawn with the finger floor of the said building three times.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to photographs by reporting an investigation (related to attaching and verification of moving images) and capturing CCTV images, etc.;

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. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of the recommended area and the punishment of recommendation], the basic area of the recommendation [the scope of the recommendation area and the punishment of recommendation], six months to one year and six months;

2. Circumstances disadvantageous to the decision of sentence: The contents of the crime are poor by using violence several times on the same opportunity to a police officer dispatched by the defendant due to a disturbance from a private letter.

The circumstances after the crime are also good, such as consistent attitude in the investigation process.

Police officers who have suffered violence are punished by the defendant.

A favorable circumstances: A police officer, even after the crime was committed, did not proceed to the exercise of further tangible power, and the police officer went out from the private house in response to the demand of the police officer for voluntary behavior.

The defendant recognizes his criminal facts.

The defendant has been involved in the case.

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