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(영문) 의정부지방법원 2018.02.21 2018고단111

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 6, 2018, the Defendant was under the influence of alcohol in front of the Dozter 1st floor, which was in the city of the Government of the Gyeonggi-si, and the Defendant was under the influence of drinking around 07:20 on January 6, 2018. As a result, F and G, who are police officials belonging to the government police station E unit in the Gyeonggi-do, called upon 112, were under the influence of the Defendant, and F and F’s chest were under the influence of the Defendant, and continued to receive G’s entrance status as their head.

As a result, the Defendant interfered with the legitimate performance of duties by police officers on the protection of life, body, and property of the people, and at the same time, the victim G was in need of medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement with respect to G and F;

1. The notification of the department related to the 112 report of the instant case, each description of the victim G damaged part photo, diagnosis document, and the evidential file CD, and the application of the video law;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the Suspension of Execution [the scope of statutory applicable sentences] [the scope of punishment under the law] imprisonment with labor for not more than seven years [the sentencing guidelines for a crime interfering with the performance of public duties shall apply] (the sentencing guidelines for a crime interfering with the performance of public duties, in cases where an injury was inflicted while obstructing the performance of public duties] among the groups of crimes interfering with the performance of public duties (the sentencing guidelines for a crime interfering with the performance of public duties): Where a number of damaged public officials [the scope of recommended persons] is increased area. [the scope of punishment] where a number of damaged public officials is increased area: From one year to four years [the person who is subject to general sentencing] aggravated factors: In cases where an unexpected injury was inflicted [the person who is sentenced] [the person who is sentenced to a suspended sentence], the defendant, for one year

The damage was not recovered.

Therefore, the defendant will be sentenced to imprisonment.