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(영문) 의정부지방법원 2018.07.05 2018고단1440

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 April 9, 2018, the Defendant reported 112 that he frighting in front of the restaurant C in Spocheon-si B on April 21, 201, and sent to the police station affiliated with E and F of the D police box called up after receiving a request for presentation of identification card from E and F of the police station, and assault F of F one time the Defendant f’s left arms in a handbbbbl with the back.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers for 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the 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 (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. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public 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.

Conditions unfavorable: The circumstances favorable to the point that two police officers assault the crime of this case: The confession of the crime of this case, and the fact that there was no record of crime between the last ten years;