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(영문) 의정부지방법원 고양지원 2017.12.15 2017고단2904

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

On August 6, 2017, the Defendant: (a) at the house of Seocho-gu Seoul Seocho-gu Women’s Women’s Ma, Seocho-gu, Seoul, 404 on August 6, 2017; and (b) at the house of Seocho-gu, Seoul, upon receiving the above D’s 112 report to the effect that the Defendant f, slope, G, and Habked with drinking alcohol, verified the reported details by the Defendant, and called for the Defendant, the Defendant demanded D to show the Defendant out to the outside and to the police officer; (b) said D’s hand off it to D; and (c) said D’s hand over.

“Along with the middle of the Defendant and D, the said H was in the middle of the Defendant, and the Defendant was tightly pushed the Defendant, and the Defendant was tightly pushed the H, and was in the face and neck of the police booming the police boom, and then was drinking.

Accordingly, the Defendant assaulted a police officer who is managing the 112 reported case, thereby hindering the police officer's legitimate performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and H;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. The fact that the Defendant, who was sentenced to the sentence, recognized the instant crime and reflected his mistake is favorable to the Defendant.

On the other hand, the crime of this case committed assaults a police officer dispatched after receiving a report on the failure of the defendant, and the quality of the crime is very poor.

In full view of the above circumstances and the various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the sentencing as shown in the previous theories, the punishment as ordered shall be determined.