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(영문) 의정부지방법원 2015.04.17 2014고단3875

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 7, 2014, around 00:38, the Defendant: (a) recommended the Defendant to return home and return home on the way in front of the “C convenience store” located in the Gu Government City B, which was reported on 112 on the way, and called “C convenience store in the Gu Government Police Station D District D District Unit of the Gu Police Station,” which called the Defendant’s main cancellation column and the Defendant requested that the Defendant return home to the said E, and (b) said E expressed the Defendant’s desire to read “this e son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (investigation of a sprinke);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (six months to one year and four months) of the obstruction of performance of official duties (a person specially punished] [a sentence] [a decision of sentence] six months, a suspended sentence one year has interfered with a police officer's legitimate performance of official duties, such as speaking and assaulting a police officer in the course of performing official duties, and thus, the nature of the crime is not good.

However, in full view of all the various circumstances, including the fact that the defendant recognized the crime of this case and divided his mistake in depth, that the defendant has no criminal record of the same kind and suspended execution, and that there is no criminal record of the defendant, and the age, character and conduct and environment of the defendant, the circumstances and motive leading to the crime of this case, and the circumstances before and after the crime, etc., the judgment is delivered as per Disposition.