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(영문) 의정부지방법원 고양지원 2015.11.27 2015고단2106

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. On June 15, 2015, around 22:35, the obstruction of performance of official duties and the Defendant: (a) expressed that “A victim C (53 years old) belonging to the Goyang Police Station B district unit called Goyang-gu, which was dispatched to the site after receiving 112 report that “any person can enjoy on the floor” was sent on the roads 2411, on the roads of the ancient-si, Goyang-gu, Seoyang-gu, Seoyang-gu, 102-ro, the victim was able to take care of the Defendant who was under influence of alcohol on the road; (b) expressed that he would have been aware of the inside, and was able to take care of the victim’s face; (c) put the victim on the roadside; (d) put the victim’s body into the roadside; and (d) 12 years old; and (e) 2 years old, 12 years old in handling the victim’s body by taking care of the victim’s left body; and (d) put the victim into the victim’s body.

2. During the process of arresting a flagrant offender at the time, time, and place specified in Paragraph 1, the Defendant damaged the public object by destroying the objects used by public offices by cutting the 112 patrolr, walking the D car, which is a 112 patrolr, with a view to spreading a snicker of the market price of 20,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Written estimate;

1. Application of statutes on the photograph of the case

1. Article 136 (1) of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, and Article 141 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Sentencing guidelines for sentencing under Article 62(1) of the Criminal Act: Crimes of violence, general injury, basic area, imprisonment with prison labor for April to June, crimes of obstruction of the performance of official duties, crimes of invalid destruction of public goods, types 1, and crimes of damage to public goods.