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(영문) 의정부지방법원 2018.12.20 2018고단4765

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 22, 2018, the Defendant obstructed the police officer’s handling of reported cases and lawful execution of duties concerning arrest of flagrant offenders by assaulting the Defendant as a hand to check the instant slope E belonging to the D District of the Gu Police Station D, which called up after receiving a report from another person on October 22, 2018, at the front of the C cafeteria located in the Guri-si B, Guri-si, 05:25 on October 22, 2018, and informing the Defendant that he was arrested as a current offender.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of the Acts and subordinate statutes to photographs of damaged parts of the disaster, and to take off on-site CCTVs;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines: From six months to one year and six months [the scope of the recommended punishment], the basic area (from six months to one year and six months) (no person subject to special sentencing) of the category 1 (Interference with Execution of Official Duties and Forced Performance of Duties) shall interfere with the performance of official duties.

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, six months of imprisonment, one year of suspended sentence, and other conditions of sentencing.

The circumstances that are more favorable: The confession of the crime of this case and the first crime;