의정부지방법원 고양지원 2014.12.11 2014고단1724



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.


Criminal facts

At around 01:30 on May 13, 2014, the Defendant: (a) arrested the Defendant as a flagrant offender of an assault pursuant to the police officer E (a slope belonging to the police box at the police box at the police station at the police station at the police station) dispatched after receiving the report of the instant case that assaulted D, who is an employee of the Defendant; and (b) arrested the Defendant as a flagrant offender of the assault; (c) stated that E board the patrol vehicle; (d) “I am. I am. I am. I am. I am. I am. I do not am. I do not am. I do. I will do. I will do. The Defendant am. I will do. I will do. am. I will am. I will am. I will am. I will am.) while b or plick, etc. of E’s chest to keep the Defendant fast back two to three times, interfere with the lawful execution of the police officer’s duties to arrest the flagrant offender, and at the same time, “the victim’s right side.”

Summary of Evidence

1. Statement by the defendant in court;

2. The police statement of E and G;

3. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of imprisonment with prison labor chosen;

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

5. The act of using violence against police officers performing their duties to ensure the safety of citizens and maintain social order on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an element of sentencing disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the facts charged in this case and is against the defendant, and there are parts to be considered in the motive and background of the crime in this case, etc. are factors favorable to the defendant.

Furthermore, the sentencing data expressed in the arguments, such as the Defendant’s age, character and conduct, environment, and criminal records, are taken into consideration equally, and the sentencing guidelines for obstruction of performance of official duties formulated by the Sentencing Committee also