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(영문) 의정부지방법원 2018.03.22 2017고단5277

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 2, 2017, the Defendant: (a) filed a report with the Home Stacker on the 1467, as of the Seogu Seo-gu, Daegu Franchi, on June 2, 2017, to the effect that “the customer refuses to get under influence of alcohol;” and (b) the Defendant attempted to leave the scene after arranging the scene by the policeman D, a police box affiliated with the police box of the Police Station C, to leave the other site.

“Absing off two knicks on the part of the patrol car, or having knick knicks on the part of the patrol car, leaving the patrol car in front of the patrol car in a way, and the above patrolman prevented it, and left the left hand of the patrolman by hand on the right hand.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to the prevention and suppression of crimes.

2. On June 3, 2017, the Defendant was arrested as a flagrant offender of interference with the performance of official duties at the police box located in Daegu-gu, Daegu-gu, at around 00:15, on one occasion at the face of the police box D (24) (3) in his/her hand while waiting for, as described in paragraph 1.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to the prevention and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to prosecution documents ( twice the victim's statement protocol);

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

1. Grounds for sentencing of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes committed by a person who interferes with the execution of official duties on June 3, 2017 with heavier punishment),

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

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with the performance of official duties by the person on June 2, 2017) (the scope of punishment recommended) [the scope of punishment] where the degree of interference with the performance of official duties is minor, such as assault, intimidation, deceptive scheme, or obstruction of official duties (one month to eight months).

B. Group 2 Crimes (Interference with the execution of official duties by the person on June 3, 2017) [the scope of punishment for recommendations] interfere with the performance of official duties (the scope of punishment for recommendations).