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(영문) 의정부지방법원 2014.09.03 2014고단2324

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

On June 30, 2014, around 20:05, the Defendant: (a) received a 112 report from the victim E, who was the head of the Gu Police Station D Zone D, which called the victim to confirm the denial of domestic violence; and (b) sought a statement from the victim to confirm whether domestic violence occurred; (c) he pushed the victim’s flap, who was arrested in the act of obstruction of the performance of official duties and requested the police to escape from the police vehicle on the charge of obstruction of the performance of official duties; and (d) obstructed the legitimate performance of police official’s duties in order to maintain the order of the victim’s chest by taking advantage of the police officer’s flap; and (d) flaping the victim’s flap, who was arrested in the act of obstruction of the performance of official duties; and (e) flap the victim’s chest by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. 112 Declarations, photographs of damage, and application of statutes of the written diagnosis of injury;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Probation Criminal Act [Determination of Pronouncement of Performance of Official Duties] The basic area [Determination of Obstruction of Performance of Official Duties] [Scope of Recommendation] from June to April [Scope of Punishment] from January to April, 1] [Attachment of Suspension of Execution] - at least two times negative reasons for general participation: The period of suspension of execution - The period of general participation is not good enough to the positive health condition of the defendant. The comparison of the punishment and the recommended punishment by law from January to five years: 6 months to April 4 months [Pronouncement of Sentence 6 months]; 2 years of suspension of execution; 3 years of probation disadvantageous to probation; 4 years of fine and fine which are imposed on several occasions; 3 years of imprisonment and fine which are more favorable to the defendant's mistake; 4 years of imprisonment and fine which are sentenced due to violence;