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(영문) 의정부지방법원 2016.11.24 2016고단3568

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:45 on June 17, 2016, the Defendant: (a) heard the damage caused by the E District Head from the E District affiliated with the E District, and G, which was dispatched to the site after receiving a 112 report to the effect that “the Defendant shall cause damage and violence”; (b) “I am, Chewing, and do not go to the F, because I am going to the Ethmpi, I am to the Ethmpi, I am to the Ethmpi,” and “I am to the Ethmpi, I am to the Ethmpi, I am to the Ethmpi, I am to the Ethmpi, and assaulted the breast part of G slope, which was posted by the Defendant on three occasions.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and F;

1. Investigation report (on-site rents and CCTV counter investigation);

1. Investigation report (Investigation intoCCTV content);

1. Application of CCTV video data (A pedagogy and A Arresting)-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “constition”) of the suspended sentence: The crime related to the obstruction of performance of official duties is a crime that undermines the function of the State by nullifyinging the legitimate exercise of public authority; thus, it is necessary to establish a national legal order and eradicate the light of the public authority; circumstances favorable to the fact that there is a record of criminal punishment for assault: The defendant has led to the instant crime; the defendant led to the confession and reflect of the instant crime; the defendant committed the instant crime by drinking; and other factors, such as the defendant’s age, character and behavior, environment, motive, consequence, and circumstances after the crime, shall be determined by taking into account all the factors such as the order.