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(영문) 의정부지방법원 2014.06.11 2014고단492

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

1. At around 22:10 on January 19, 2014, the Defendant: (a) was unable to avoid disturbance, such as blocking the three-lanes of the drive B, which had driven the three-lanes of the four-lanes in front of the 1650 (Yeo-dong), without any justifiable reason, on the ground that the police officer, who was called upon receiving the report from the above B, was pushed the Defendant on the ground that D police officers belonging to the Kan Government Police Station C District Unit of the Kan Government Police Station, called upon receiving the report from the above B, pushed the Defendant into India to prevent additional accidents; (b) assaulted D police officers on the ground that D was pushed the Defendant by delivery.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reported duties.

2. On January 20, 2014, around 00:45, the Defendant committed assault, such as the Defendant’s criminal charge of the police station and the office of the office of the office of workers on duty, which was located in the House of the Government Police Station located in 1265, for a charge of obstructing the performance of official duties to police officers D, but arrested the Defendant on the charge of obstructing the performance of official duties to police officers D. However, the Defendant was unable to investigate the Defendant under the influence of alcohol, and thus, the Defendant committed assault, such as the Defendant’s criminal charge of the police station and the police officer E, by drinking the Defendant’s lock to the police officer E, by drinking the Defendant

Accordingly, the defendant interfered with legitimate execution of duties concerning the release of police officers in the act of committing a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and E;

1. Summary statement and damaged photograph of B;

1. Application of Acts and subordinate statutes to police investigation reports (CCTV cases);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reasons for sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order and Article 62-2 of the Act on the Promotion of Performance of Official Duties, Type 1 (Decision of Punishment) (Obstruction of Performance of Official Duties), the basic area of the obstruction of Performance of Official Duties (Decision of Recommendation), [Scope of Recommendation] 6 months to 1 year 4 months [Scope of Punishment] 1 month to 5 years [Attachment of Punishment and Recommendation] concurrent Crimes (Aggravation of Punishment of One Crimes) (Aggravation of Punishment) and mitigation.