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(영문) 의정부지방법원 2014.12.02 2014고단2845

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:35 on May 20, 2014, the Defendant: (a) reported on May 20, 20112 that a drunk person frighted on the street “C” in front of the building B, and solicited a police officer’s victim D (the age of 29) who was called out after having received a report that he was frighting a fright, such as a frighting of a fright, to return home on a taxi; (b) the Defendant frighted “D” to fright the fright of fright of a fright of a fright of fright of a fright of a fright of a fright of a fright of a fright of a fright of a fright of a

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Photographs of the details of damage;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

1. Reasons for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-6 months to 1-4 months) (a special person) (a decision of sentence] Defendant’s act is not an unreasonable resistance against public authority, and thus, the nature of the crime is not good.

However, a suspended sentence is to be imposed in consideration of the circumstances, such as the fact that the defendant's mistake is divided and reflected, and that he/she is employed in Ulsan and is living in the region of his/her government.

In addition, in full view of various circumstances, such as the age, character and conduct of the defendant, the details and motive leading to the crime of this case, and the circumstances before and after the crime of this case, the sentencing conditions as shown in the records and arguments shall be sentenced as the disposition.