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(영문) 의정부지방법원 2016.09.22 2016고단3547

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 August 15, 2016, the Defendant may receive a report from the Defendant on damage to the taxi engineer, who was under the influence of alcohol in the Yangju Police Station D District at Yangju-si, Yangju-si on August 22:40, 2016, and the police officer E, who was called for after receiving a report of damage to the taxi engineer, wanted to hear the Defendant’s statement from the Defendant; or

In a false statement, assaulted, such as taking the arms of the above E, taking the arms of the E, and putting the flab, etc.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on civil petition handling.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Receipts:

1. Application of the Acts and subordinate statutes to a investigative report (CCTV-faging photographs);

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

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

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

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (referring to six months to one year and four months from imprisonment) of the type of the one (Interference with the performance of official duties and coercion of duties) shall be limited to the scope of the recommended punishment on the sentencing criteria.

3. Determination of sentencing, in consideration of the overall circumstances shown in the pleadings of this case, such as the following circumstances, the defendant's age, family relationship, tendency, etc., and the punishment is determined, as ordered, by excluding the lower limit of the sentencing guidelines:

(c) A favorable circumstances: A favorable circumstances such as the fact that the defendant is divided into and against his own crime, that there is no history of criminal punishment against the defendant due to interference with the execution of official duties, that the defendant committed the instant crime under the influence of alcohol, and that the defendant committed the instant crime: The circumstances leading to the instant crime, the method of committing the crime, and the crime related to interference with the execution of official duties are the crime that undermines the State’s functions by nullifying legitimate exercise of public power, and thus, the State’s establishment of order in the law and the eradication of the disturbance of public power, etc. requires strict punishment to eradicate