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(영문) 의정부지방법원 2017.09.06 2017고단2451

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2017. 5. 8. 20:00 경 남양주시 B 앞길에서 싸움을 하고 있다는 신고를 받고 출동한 경기 남양주 경찰서 C 파출소 소속 경찰관 D이 피고인의 내연 녀에 대한 폭행을 제지하자 발로 위 경찰관의 정강이 부위를 걷어찼다.

Accordingly, the police officer's legitimate execution of duties on criminal investigation and prevention of crimes was hindered.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A photo of the damaged part;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act is that the Defendant’s mistake was divided, but the instant crime was not committed for a long time since the Defendant was sentenced to a fine due to the same obstruction of performance of official duties in 2014.

No more minor fine may be selected.

In addition, considering the defendant's age, gender, environment, attitude after the crime, etc., the sentencing guidelines for sentencing is the basic area of the interference with the execution of official duties in June -1.

Punishment shall be determined as ordered by the text.