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(영문) 의정부지방법원 2016.09.12 2016고단2203
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 May 22, 2016, the Defendant, at around 21:30 on May 2, 2016, called “C” located in the Namyang-si B, as a food value issue at the Chinese house located in the Namyang-si, and received a report from the police officer D, who was called out after receiving 112 of the dispute with his/her employees, caused the Defendant to be subject to removal from the police officer D, who belongs to the Namyang-si Police Station, and caused the Defendant to commit violence by putting the said D’s body on hand, thereby interfering with the police officer’s legitimate execution of duties concerning the handling of the

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

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 suspended execution;

1. The crime of obstructing the execution of official duties in sentencing under Article 62-2 of the Criminal Act is very serious and cannot be exempted from imprisonment.

It is more and more so in that the defendant has a 10-time criminal record.

However, considering the fact that the defendant is against the defendant, the degree of violence is relatively minor, and the age, sex, and circumstances after the crime, all of the sentencing conditions against the defendant, such as the defendant's age, sex, and circumstances after the crime, the punishment as ordered shall be determined.

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