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(영문) 의정부지방법원 2018.02.14 2017고단4590

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On June 9, 2017, the Defendant: (a) entered the Defendant’s room along with E in order to hear the statement of E, which is his/her father, in his/her husband’s 303 Dong Dong Dong 905 around 23:42; (b) the police box affiliated with the police box called up after receiving a report of domestic violence 112; and (c) the Defendant entered the room of his/her father’s son.

“A sound,” such as “A, intending to go back to the room, followed by the police officer,” and the police officer F was prevented, and assaulted by drinking F’s chest one time, with the hand-to-saw, with the wheels of F’s left hand.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Each statement of H and D;

1. Application of Acts and subordinate statutes to photographs of damaged victims, records of handling cases reported 112, and photographs of damaged grandchildren;

1. Relevant Article 136 of the Criminal Act and Article 136 of the Criminal Act concerning the punishment of the crime (elective of imprisonment);

1. Reasons for the sentencing of Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution [Scope of Recommendation] There is no person who has no basic area (from June to January, 1) (special sentencing person] [decision of sentence] in order to establish national legal order and eradicate the light of the public authority, it is necessary to strictly punish a crime against public authority, such as interference with the performance of official duties.

In light of the degree of the assault, etc., the criminal defendant's domestic violence reported by the defendant under the influence of alcohol constitutes an assault against the police officer dispatched under the influence of alcohol.

However, the defendant recognized his mistake and is in profoundly against himself.

It has no record of the same crime and has been punished as a fine once in 1989.

In this context, the sentencing guidelines shall be set by taking into account various sentencing conditions, such as the defendant's age, gender, environment, motive, means and result, and circumstances after the crime.