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(영문) 의정부지방법원 2016.03.15 2015고단4399

공무집행방해등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 31, 2015, the Defendant assaulted the victim D (the victim 44 years of age) who was an employee of the Defendant at the C main office located in the Do Government-si B B B, Do-si on October 31, 2015, on the ground that he was aware of the fact that the said victim did not find any her face, on his hand, on the ground that he was aware of the fact that the said victim did not find any her face.

2. The Defendant, who interfered with the performance of official duties at the above date, at the above time, and at the above place, was forced to leave the 112 report, and the Defendant was forced to leave the above F’s mother and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she was arrested as a flagrant offender and was in the patrol her her her her her her her her her she

"To make a bath theory, and to do so, violence was committed by the Gyeong-gu's Gyeong-gu's Gyeong-gu's Gyeong-gu, such as the above F, several times.

Accordingly, the defendant interfered with the police officer's crime prevention and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each written statement of D;

1. Each report on investigation;

1. A photograph of a CCTV image to be cut;

1. Application of Acts and subordinate statutes to photographs of injuries;

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 260 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for the crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the aggregate of the long-term punishments of the above two crimes with respect to a obstruction of the performance of public duties heavier punishment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of the recommended sentences according to the sentencing criteria;

A. The basic area of interference with the performance of official duties (basic crimes) (the scope of punishment) (the scope of recommendations) is the basic area of interference with the performance of official duties (the interference with the performance of official duties and coercion of duties).