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(영문) 의정부지방법원 2017.02.14 2016고단5481

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 28, 2016, the Defendant received a request for returning home from a slope E belonging to the police box of the Namyang-gu Police Station D, which was dispatched upon receipt of a report 112, within C, which is located in Namyang-si, Namyang-si, 19:45 on November 28, 2016, and where the Defendant was under the influence of alcohol and disputed with the Defendant’s daily behaviors and avoided the disturbance, the Defendant would have received a request for returning home from a slope E belonging to the police box of the Namyang-gu Police Station.

“Along with the desire to read “,” the reciting part of the E was the first instance price.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no basic area (from June to one year and four months) [the person who has been subject to special sentencing] of the category 1 (Interference with the performance of official duties and coercion of duties] [the decision of sentencing] [the defendant has already been punished for violent-related crimes, and there is a need to seriously punish the defendant with regard to the crime of this case, taking into account the fact that the defendant has already been punished for the crime of this case, and that there is a need to wear light of light of the public power.

However, in full view of the various circumstances, such as the confession of the Defendant to the instant crime, the fact that the Defendant has no record of punishment exceeding the fine, the Defendant’s age, sexual conduct, the process and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., and the conditions for sentencing as shown in the records and arguments, the punishment as ordered shall be determined as set forth in the Disposition.