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(영문) 의정부지방법원 고양지원 2017.05.26 2017고단958

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 1, 2017, the Defendant: (a) 00:14, at D’D located in Pakistan, sent back to the back of the patrol patrol vehicle No. 60 on the same day by the police officer F of the police station affiliated with the police officer assigned to the police station E box called out after having received a report that the Defendant would escape from the disturbance; (b) 00:30 on the same day, the Defendant her bath at the front and rear of the patrol vehicle No. 112 on the same day; and (c) the price of the f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’ f

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to photographs by cutting down booms of patrol cars and images;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions stated in the records of the instant case, such as the protection observation and attendance order, and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, circumstances after the crime, period of detention, etc., shall be determined as per Disposition.

[Unfavorable circumstances] On January 31, 2017, the Defendant was sentenced to a suspended sentence of two years on the grounds of interference with the performance of official duties in the Incheon District Court’s Branch Branch, which was sentenced to a suspended sentence of two years on April, 2017, and the nature of the instant crime was not easy to support the Defendant’s act of interference with the performance of official duties during the appellate trial proceeding. [The favorable circumstances] is the confession and reflect of the Defendant, the degree of damage to the victimized police officer is not significant, the damaged police officer is the preference against the Defendant, and the Defendant is located in the location where he must support his family.