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(영문) 의정부지방법원 고양지원 2015.10.30 2015고단1699

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Around 01:45 on June 17, 2015, the Defendant: (a) sent a singing room with a singing room, and (b) solicited the Defendant to return home from the police officer F, the police officer guard G belonging to the Yongsan Police Station E-gu, which was dispatched after receiving the 112 report, to the police officer G, and (c) the Defendant expressed that the police officer “Wing to go home” would threaten the G by her hand, threaten the police officer with hand while continuing to boom the police officer by hand, and pushed the Defendant with a hand, demanding the Defendant to present his identification card, and interfered with the police officer’s performance of official duties by committing violence against the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to F and G;

1. Investigation reports and investigation reports (CCTV investigations and trade counterparts investigations);

1. Application of the CCTV storage area Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Sentencing Criteria for sentencing under Article 62-2 of the Criminal Act: Performance of official duties, obstruction of performance of official duties, Type 1 (Obstruction of Performance of Official Duties/Performance of Duties), basic domains, and the characteristics of the instant crime committed by the Defendant who tried to perform legitimate official duties, considering the characteristics of the instant crime committed by the Defendant, he/she has been punished several times including imprisonment for violent crimes, and he/she has been punished several times due to the same crime as the instant case in 209.

On the other hand, the defendant recognized the crime of this case in this court, and suffered bodily injury in the course of the arrest of this case.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.