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(영문) 의정부지방법원 2018.05.11 2017고단5378

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 October 2, 2017, the Defendant continued to engage in the Defendant’s punishment on the front day of Dongducheon-si around 22:25 on October 2, 2017.

“A police officer’s 112 report processing and lawful execution of duties in relation to the arrest of a flagrant offender was obstructed by arresting F as a current offender by arresting him/her at the police box of the Dongbcheon Police Station D, who was dispatched to the scene after receiving the report of 112, and preventing him/her from carrying on the patrol vehicle, booming him/her with his/her her flaps, and assaulting E with his/her head’s flaps, and obstructing him/her from carrying on the patrol vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police for E;

1. G statements;

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

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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of a recommendation] No person who has no person [special sentencing person] in the basic area (from June to one year and six months) (the special sentencing person] [the decision of sentence] [the Defendant’s crime of this case requires a strict punishment for committing a crime against public authority in order to establish a State’s legal order and eradicate the light of public authority, as it prevents a police official from performing his/her legitimate duties in the process of reporting a case, and thus, it is necessary to strictly punish a crime against public authority. Thus, the above crime and the nature of the crime are somewhat weak.

However, all the conditions of sentencing indicated in the records, such as the defendant's age, sexual conduct, environment, motive or background of the crime, means and method of the crime, contents, and result of the crime, and the scope of recommended sentencing guidelines established by the sentencing committee of the Supreme Court shall be determined as per the order, comprehensively taking into account the following factors: (a) the defendant led to the confession of the crime of this case and seriously against the defendant; (b) criminal punishment exceeding the fine or having no criminal record of the same kind;