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(영문) 의정부지방법원 2017.06.29 2016고단4148

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2016, the Defendant was urged to become a steel cost violence counseling center using a 119 emergency vehicle to take measures for the protection of victims from a slope belonging to the police officer belonging to the police station of the Kuwon Police Station, which was dispatched after reporting domestic violence that the Defendant was assaulted by her husband at around 10:15, and the Defendant was urged to do so.

The defendant saw him to the police officer, and took the face of the police officer at one time by drinking him.

Accordingly, the Defendant assaulted a police officer as above and interfered with the police officer’s legitimate performance of duties concerning the handling of 112 reported duties.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Ethical letters;

1. Investigation report (as to the circumstances at the time of interference with the performance of official duties)

1. Application of Acts and subordinate statutes to investigation reports (the counter investigation of the 119 first aid crew members dispatched to the scene);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. In light of various circumstances, such as the background leading to a crime recognized by evidence duly adopted and investigated by the court, the means and method of the crime, and the defendant’s act before and after the crime, determination of the mental disorder of the defendant under Article 62(1) of the Criminal Act, it is not deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time, and that the defendant did not have the ability to discern things or make decisions.

Reasons for sentencing

1. One month to five years from the date of imprisonment with prison labor for a prison labor in law; and

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the scope of the recommended punishment [the scope of the recommended punishment] that interferes with the performance of official duties, and the element of mitigation [the person who interferes with the performance of official duties and coercion of duties]: Where the degree of violence, intimidation, and deceptive scheme is minor [the scope of the recommended punishment] the area of mitigation [the scope of the recommended punishment] one month to eight months.

3. The following circumstances: the Defendant’s age, sex, environment, method and mode of committing a crime, and circumstances before and after committing a crime, etc.