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(영문) 의정부지방법원 2016.11.11 2016고단3340

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 00:30 on June 19, 2016, the Defendant: (a) was under the influence of alcohol at 120-9 p.m., Newcheon-ro, 120 p.m., 120 p.m.; (b) was under the influence of alcohol; and (c) was under the influence of the police officer, and was under the control of the police officer, who was dispatched after receiving 112, was urged to invalid from D; (d) was under the control of the police officer of the Pyeongtaek Police Station that was dispatched after receiving 112; (e) was sphered; (e) was sphered; (e) was sphered; (e) was sphered; and (e) sent to a drinking house when he was under the influence of the police officer; and (e) obstructed the police officer’s lawful performance of duties concerning the handling of reports and the suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E, F and G;

1. Application of Acts and subordinate statutes to photographs of assault damage;

1. Article 136(1) of the Act on the Punishment of Crimes, Article 136(1) of the Criminal Act on the Selection of Punishment for the Punishment of Imprisonment [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the scope of punishment] / [decision of sentence] The defendant has already been punished for several times of violent crimes, and the defendant further commits the instant crime even though he had the record of two times of punishment for the same kind of crime and again commits the instant crime, it is necessary to strictly punish the defendant. Thus, it is inevitable to sentence a sentence on the ground that it is necessary to strictly punish the defendant.

However, in light of the fact that the defendant led to the crime of this case, deposited KRW 400,00 for the purpose of D, which is the police officer who suffered damage, and all other circumstances constituting the conditions for sentencing, such as character and conduct of the defendant, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment shall be determined as ordered.