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(영문) 의정부지방법원 2016.12.22 2016고단4685

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On December 24, 2014, the Defendant was sentenced to imprisonment for three months with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) at the Seoul Central District Court on December 24, 2014, and is still under suspension of execution as the judgment became final and conclusive on January 1, 2015.

【Criminal Facts】

On October 23, 2016, the Defendant: (a) 01:25, on the roads of “D Age C”, on the si on the roads of “D Age C”, and (b) was fluored by a driver and a destination, and was reported to the si, and was sent to the si, by F in the region where the Gan Government Police Station E Zone E zone was affiliated with the Gando Police Station, and was dispatched to the si, and sent the si to the said F, and told the said F, “I will go back, go back, go back, and go back to the si, as the law is,” and assaulted the said F, which prevented the Defendant’s behavior, by breaking the left side of the said F, and continuously pushed the chest of the said F.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. G statements;

1. Investigation reports (fields, etc.);

1. Photographs of a police officer;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the facts before violence and during the period of suspension of execution), and application of Acts and subordinate statutes to the results of searching persons;

1. The reason for sentencing of Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act on the matter of crime [the scope of the punishment of recommending] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties [the decision of sentence] [the decision of sentence] of the defendant led the defendant to commit the crime of this case, and has been sentenced to criminal punishment due to the obstruction of performance of official duties, damage to public goods, etc. However, there is a number of violent power, such as the defendant led to the confession of the crime of this case and his mistake. In particular, the crime related to the obstruction of official duties is a crime that undermines the function of the State by