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(영문) 의정부지방법원 2018.05.10 2017고단5575

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 24, 2017, at around 19:00, the Defendant: (a) was in receipt of a 112 report to the effect that the E assistant affiliated with the Yangju Police Station Diplomatic Police Station was under domestic violence from F in a de facto marital relationship with the Defendant; and (b) attempted to have the Defendant, who was under the influence of the Defendant, called up to the scene and went into the house, enter the said E Assistant to the effect that the Defendant was under the control of F in a de facto marital relationship with the Defendant; (c) on November 24, 2017.

The eye of the snow shall be discarded.

The Defendant expressed his desire as “,” and laid the implied bath cited by the Defendant.

Accordingly, the defendant assaulted the above police officers, thereby hindering the execution of legitimate duties concerning the maintenance of public peace and order.

Summary of Evidence

1. The defendant's legal statement (the defense counsel was in a state of mental and physical weakness at the time of this case);

However, the Defendant was in a state of mental and physical weakness at the time of the instant case solely on the ground that he received treatment due to stimulative disorder.

It is difficult to see)

1. Statement made by the police for E;

1. A written statement;

1. Application of statutes on site photographs;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines: From six months to one year and six months [the scope of the recommended punishment], the basic area (from six months to one year and six months) (no person subject to special sentencing) of the category 1 (Interference with Execution of Official Duties and Forced Performance of Duties) shall interfere with the performance of official duties.

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, six months of imprisonment, one year of suspended sentence, and other conditions of sentencing.

The circumstances that are more favorable: The confession of the crime of this case, and the fact that the defendant has no record of crime other than two times of fine;