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(영문) 의정부지방법원 2015.08.11 2015고단1286

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 12, 2015, the Defendant: (a) at the convenience store of the 1st floor E of the D hotel located in Jung-si, the Government-si, the Gyeonggi Police Station G District, the G District of the government police station, and the police officer I called out after receiving a report from F that the Defendant would incur trial expenses to the people under the influence of alcohol; (b) solicited the Defendant to return home to the Defendant, and prevented the Defendant who entered the convenience store, such as taking the police officer’s desire to take a bath to the players; (c) was tightly sealed by the police officer on one hand, and the Defendant’s face was tightly sealed by the police officer on one hand at the convenience store; and (d) the police officer committed several assaults of H’s face, clothes, etc. under the influence of the Defendant on the floor of the convenience store.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of I and H;

1. Written statements of J and F;

1. Photographs of a damaged police officer;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor as a matter of choice (the choice of imprisonment with prison labor shall be made in consideration of the circumstances, details, and violence of the accused;

1. Reasons for sentencing of Article 62 (1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The basic area (six months to one year and four months) of the obstruction of performance of official duties (the decision of sentence] (the decision of a special person), and six months of imprisonment and one year of suspended execution;