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(영문) 의정부지방법원 2017.11.15 2017고단4178

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 8, 2017, the Defendant received the report of the assault case on the roads B in front of the 23:15 Gyeongcheon-si, 2017, and sent the report, D of the police box affiliated with C police officers assigned for the Defendant “ how the name will be returned.”

"" and the defect to verify the personal information, the part to the right side of D with the left hand, and the police officer E and D used the defendant under the influence of alcohol one time to knee the left side of E due to the defect to the right side of D's drinking, and subsequently assaulted D's clothes one time to knee.

Accordingly, the defendant assaulted police officers to interfere with legitimate performance of official duties concerning the handling of 112 reported duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement made to D or E;

1. Application of the F’s written Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( considered favorable to the reasons for sentencing) (the following sentencing), [the scope of statutory punishment] imprisonment with prison labor for not more than five years [the type of decision] [the scope of recommended punishment] fundamental area of interference with the performance of official duties among the groups of crimes interfering with the performance of official duties [the scope of recommended punishment]: Imprisonment with prison labor for not less than six months but not more than one year and six months [the decision of sentenced punishment] for a crime that interferes with legitimate performance of official duties by assaulting a police officer for two years of suspended sentence in six months [the decision of sentenced

subsection (b) of this section.

However, the defendant is sentenced to imprisonment with prison labor in consideration of the fact that the defendant is living against the confession of the crime and has no criminal record of suspended execution or more, and the execution thereof shall be suspended.