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(영문) 의정부지방법원 2017.12.15 2017고단4529

공무집행방해등

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

1. On September 21, 2017, the Defendant: (a) arrested another person on the charge of assaulting another person due to the payment of the drinking value at around 01:20 on the same day; (b) attempted to flee during the patrol line; (c) but (d) went to the police officer E who belongs to the above patrol box, and (d) took a bath for the above E, and subsequently assaulted the above E in his/her face by hand.

Accordingly, the defendant assaulted a public official who performs his duties.

2. In around 03:00 on September 21, 2017, the Defendant: (a) was investigated from the F Team office of the 1699 Yang-ro Police Station in Yangju-si to another case; and (b) there are several persons from the police officer of the said police officer, the Defendant who insultd the victim G. “Chewing sark wres.”

The flobbb flobb flobbbb flobbb blobb blobb blob blob blobh, flobhh

What is the same, and the public expressed the bitch bitch bitch bitch far."

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to H, E, and G;

1. A written statement of I;

1. Application of CD-related Acts and subordinate statutes

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Obstruction of Performance of Official Duties), Article 311 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Type 1 (Interference with the performance of public duties and coercion of duties) in the basic area ( Imprisonment with prison labor for not less than 6 months up to 1 year and 6 months);

2. Standards for handling multiple crimes: At least six months of imprisonment (limited to the lowest limit of the sentencing criteria because a crime for which the sentencing criteria have not been set is committed);

3. Determination of sentence: Imprisonment with prison labor for not less than eight months, suspension of execution of not less than two years, that the degree of interference with and insult of the defendant's performance of official duties for a period of not less than two years, and that there was a record of being punished for violent crimes in 2013 and 2017;