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(영문) 의정부지방법원 2017.06.21 2017고단1127
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 14, 2017, the Defendant received a fine of KRW 50,00,00 from the Seoul Arts Center, which is an official of the auxiliary police officers belonging to the above police station B, who was on the boundary duty, around the Seocho-gu police station located in 1265, 1265, the Dong-gu Office of Government Police Station of the Gyeonggi-gu, 20:50 on February 14, 2017.

“Although the said medical police officer told him/her that he/she would ask him/her about his/her jurisdictional area, he/she saw him/herself, and she saw him/herself to take a bath, but he/she was faced with the said medical police officer once, but he/she was faced with the above medical police officer, and he/she interfered with legitimate performance of duties concerning the guard duty, etc. of the above medical police officer, in line with the face of the above medical police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Application of the Acts and subordinate statutes written in D;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) [the scope of statutory penalty] imprisonment with prison labor for not more than five years [the scope of punishment] The basic area of obstructing the performance of official duties among the groups that interfere with the performance of official duties [the scope of recommended punishment]: From June to June [the decision of sentence], and from June to June, the act of assaulting the police in uniform 2 years from the suspension of execution with prison labor is required to be strictly punished.

However, the sentence of imprisonment is to be imposed in consideration of the fact that the defendant is living against the confession of the crime, there is no criminal record of the same kind or of the suspension of execution, and the degree of violence against police officers is not much severe, but the execution of the sentence is suspended.

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