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(영문) 의정부지방법원 2017.01.19 2016고단5581

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

On September 11, 2016, the Defendant: (a) at the office of the Defendant’s office located in the Speaker C Lending, the Defendant: (b) received domestic violence reports from the Defendant’s office D; and (c) even after the Defendant called the Defendant F of the Police Station E box affiliated with the Defendant’s police station, the Defendant assaulted D and received a restraint from the said police officer.

Accordingly, the Defendant took a bath to the above police officer, dump the breath of the police officer, dump the left side with the hand floor at one time, and dumped the above police officer to the corridor outside the house of the Defendant, and pushed the victim into the stairs.

On the other hand, the Defendant continued to stop this, while walking the left side bucks of the sloping G belonging to the police box to which the police box belongs, and she was at one time at the same time in the place of drinking.

Accordingly, the Defendants interfered with the legitimate execution of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. A written statement;

1. A report on investigation;

1. Application of Acts and subordinate statutes of each damaged photograph;

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. A crime that interferes with the execution of official duties for the reason of sentencing under Article 62(1) of the suspended sentence of the Criminal Act is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority. Thus, it is necessary to strictly punish the defendant to establish the State’s legal order and eradicate the light of public authority. However, under the influence of alcohol, the defendant led to the instant crime, which is favorable to the defendant, such as the defendant’s health, age, sexual behavior, environment, motive, means and consequence of the instant crime, and circumstances that led to the instant crime, etc.