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(영문) 의정부지방법원 고양지원 2017.03.03 2016고단3709

공무집행방해

Text

A defendant shall be punished by imprisonment for 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

At around 20:40 on November 12, 2016, the Defendant expressed a driver’s seat window on the front of the “D gas station” located in Pakistan-si, Gyeonggi-do, and expressed a desire to “Seman son” without any justifiable reason for having the 112 patrol vehicle going in the signal atmosphere, while having the desire to turn off three times the fishing age toward F of the EW 2 Team affiliated with the EW 2 Team, where the Defendant was seated in the driver’s seat, and continued escape, and led to G of the same team, which led to this attack.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A copy of the work site;

1. Application of Acts and subordinate statutes governing fishing times;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection and medical treatment orders;

1. The scope of punishment by law: Imprisonment for not more than seven years and not more than six months;

2. Application of the sentencing criteria;

(a) Determination of types: Crimes impeding the performance of public duties, interference with the performance of public duties, and Type 1 (Interference with the performance of public duties);

(b) Special sentencing factors: Reduction factors - mental and physical weakness (incriminator elements)

(c) Scope of recommending punishment: Reduction area, range between eight months; and

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, observation of protection and treatment order for the defendant committed a highly dangerous crime with a threat to police officers, and did not seriously reflect his fault.

This is an unfavorable condition that requires strict punishment for the defendant.

However, the defendant committed the crime of this case in the state of mental and physical weakness due to a mental illness, such as early illness, etc.