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(영문) 의정부지방법원 고양지원 2017.01.12 2016고단3373

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

Reasons

Punishment of the crime

On November 13, 2016, the Defendant: (a) on the street in front of the 8th apartment of 50 U.S. S., Seo-gu, Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-ro 65 U.S., and (b) on November 13, 2016, upon receipt of a report of 112 that the Defendant was under the influence of alcohol, recommended the Defendant to return home; (c) the Defendant, a police officer belonging to B police station B of the U.S. police station, called the said police officer, was able to blick up the flab of the said police officer, and had interfered with the Defendant’s legitimate performance of duties concerning the prevention and suppression of the crime, by taking

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes governing damaged parts of photographs and CCTV on-site photographs;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution of public duties [the scope of recommendation] and interference with the execution of public duties under Article 62(1) of the Criminal Act on the grounds that there is no basic area (from June to one year and four months) [the person who is subject to special sentencing] [the decision of sentence] interference with the execution of public duties in itself is less complicated.

In addition, the fact that the damaged police officer wants to punish the defendant, there are criminal records related to violence (unfavorable circumstances), the defendant is against the defendant, and there is no record of punishment due to the obstruction of the execution of official duties (contribute circumstances) and other factors of sentencing identified in the records of this case, such as the defendant's age, sex, family relationship, etc., and all of the conditions of punishment identified in the course of trial shall be determined as ordered by the order.