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(영문) 의정부지방법원 2016.12.06 2016고단4399

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 2016, around 04:25, the Defendant: (a) the victim E (the 47-year-old) who was a slope belonging to the Guri Police Station D District Branch in Guri-si, Guri-si, refused to enter the patrol vehicle for the reason that he/she did not want to board the Defendant; (b) frighted to the patrol vehicle for the reason that he/she did not want to enter the patrol vehicle; and (c) frighted to the victim’s right shoulder; and (d) caused the victim by his/her assaulting the victim with his/her shoulder and arms at the stone pole installed in that place; and (c) the victim suffered injury, such as cutting down the upper part of the left part, which requires approximately six weeks of medical treatment.

As a result, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases, and at the same time, assaulted the victim and suffered bodily injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. 112 reported case handling lists and copies of public official identification cards; and

1. On-site photographs and CDs;

1. Application of Acts and subordinate statutes to investigation reports (on-site photographs and diagnosis reports) and diagnosis reports;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense, Articles 262 and 260 (1) of the Criminal Act;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The crime related to the obstruction of performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus requires strict punishment to establish national legal order and eradicate the light of the public authority; further, the degree of injury caused by the assault of this case is significant: the confession and reflect of the crime of this case; the defendant committed each of the crimes of this case under the influence of alcohol; the first offender is the defendant's age, character and behavior, intelligence and environment; the motive, means and consequence of the crime; and the sentencing factors prescribed in each of the subparagraphs of Article 51 of the Criminal Act, such as the depression after the crime.