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(영문) 의정부지방법원 2018.05.30 2018고단699

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On February 2, 2019, Police Officers C, and Police Officers D called F apartment 102 Dong 202, 202, and 202 defendant's house at Namyang-gu, Gyeonggi-do, after receiving a report from the defendant that the defendant 112 was frighting to drinking alcohol on February 2, 2019.

Defendant 1 reported that police officers were called out at the Defendant’s house No. 102, 202, 202, 102, and 202 of the F apartment house, and she was frighting to E by gathering a fireworks disease on the ground that they reported E, and she was frighting to go to E. When the above patrolmen C and D were removed, she was frighting to go beyond D with the body of the patrolmen on about three occasions, and she was fright to go to go to the patrolmen.

As a result, the Defendant assaulted the police officer of the 112 Report, and obstructed the execution of his duties by assaulting C and D, who is a police officer in charge of performing duties concerning the dispatch of report and the handling of the case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Notification of the department related to the report of the 112 case [the defense counsel asserted to the effect that the defendant was in a mental and physical weak condition under the influence of alcohol at the time of the crime of this case, and the defendant was aware that he had drinking prior to the crime of this case, but it was found that the defendant lacks the ability to discern things or make decisions due to drinking of alcohol at the time when considering all the background and method of the crime and the behavior of the defendant before and after the crime.

It is difficult to see it]

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

1. Punishment by law: Imprisonment with prison labor for not more than five years;

2. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (six months to one year and six months from one year and six months from one year and six months from one year and six months from one year and six months from the date on which he/she interferes with the performance of public duties).

3. Determination of sentence: Imprisonment with prison labor for not less than six months, the establishment of a national legal order for two years of suspended sentence, and the light of public authority;