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(영문) 의정부지방법원 2015.06.05 2014고단4678

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 00:16 on September 19, 2014, the Defendant: (a) stated that “D” in the Dong-gu, Ansan-si; (b) during the dispute over the drinking value of the said establishment, which was sent after receiving 112 reports; and (c) on the ground that the police officer F and G did not interfere with the receipt of reports as his/her own intent, he/she would not interfere with the receipt of reports; and (d) stated that “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, the left side of the said G's face and left side of the plastic material disease; and (d) continuously am, I am, I am am kne in the front left side of the air in order to undergo an investigation into the obstruction of the performance of the performance of the performance of his/her duties at H, around 02:20.

Accordingly, the defendant interfered with the legitimate execution of duties concerning reporting and investigation by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes on investigative reports (to attach CDs, such asCCTV and video images);

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

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [decision of sentence] 6 months, and conditions unfavorable to a year of suspended sentence: The defendant assaults a police officer performing official duties and obstructs a police officer’s legitimate performance of official duties; and the situation in which the defendant again performed an act of obstructing the performance of official duties: The defendant recognizes and reflects all of the crimes in this case; the defendant has no record of suspended sentence or more; the defendant’s age, character, behavior, intelligence and environment; the relation to the victim; the motive, means and consequence of the crime; and other factors of sentencing stipulated in each subparagraph of Article 51 of the Criminal Act, such as the circumstances after the crime, etc.