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(영문) 의정부지방법원 2016.10.06 2016고단3585

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

except that 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 17:55 on August 23, 2016, the Defendant was under the influence of alcohol in front of an outdoor performance hall located in the southyang-si Central 57, Namyang-si, the Defendant: (a) was urged to return home from D to a policeman affiliated with the Gyeongginam Police Station C District of the Gyeongginam Police Station, who was dispatched to the site upon receipt of a 112 report; (b) was “packer,” “packer, hacker, hacker, and hack-do, hacker” on the left floor of the above D one time; and (c) was assaulted by the slope E belonging to the same district unit that continued to be dispatched to the site at one time on the right side of the face of the above E on the left hand.

Accordingly, the defendant interfered with the legitimate execution of duties by 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. Written statements of D;

1. A list of reports on internal investigation, reports on internal investigation, and reports on 112 reported cases;

1. Application of the Acts and subordinate statutes to photographs of damaged parts;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) are as follows: The sentence shall be determined as ordered in consideration of all the circumstances shown in the arguments of this case, including the circumstances, age, family relation, and tendency of the defendant:

A disadvantageous circumstances: A crime related to the obstruction of performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority; thus, the circumstances favorable to the point that requires strict punishment for establishing a national legal order and eradicating a light of public authority: The defendant led to the crime of this case; the defendant has no record of criminal punishment in excess of the amount of punishment or fine imposed by the same kind of crime; and the defendant committed the crime of this case by contingency under the influence of alcohol, etc.