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(영문) 의정부지방법원 2018.01.23 2017고단3688
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 6, 2017, at around 05:20, the Defendant: (a) reported 112 to the effect that a assault case occurred in the Guri-si B of Gyeonggi-do; and (b) reported 112, the Defendant carried out the Defendant’s arms in order to file a petition against the Defendant, who was boomed and satched at the time by the police officer affiliated with D District Unit of the Guri-gu Police Station D, which called up at the site, carried out the Defendant’s arms in order to read the Defendant who was boomed and satched; and

As a result, the defendant assaulted police officers, thereby hindering police officers from performing their legitimate duties on the maintenance of public peace and order.

2. On August 6, 2017, around 05:55, the Defendant received the face of the G in front of the Guri Police Station Down-si, Gyeonggi-do, in order to transfer the Defendant who was arrested as a current offender by G as a police officer to the Guri Police Station, while intending to board the police station in order to transfer the Defendant who was arrested as a current offender.

As a result, the defendant assaulted police officers, thereby hindering police officers from performing their legitimate duties on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Each police statement made to I and G;

1. Application of Acts and subordinate statutes of J;

1. Article 136 (1) of the Criminal Act, and the choice of punishment 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. A crime interfering with the execution of official duties on the grounds of sentencing under Article 62(1) of the Criminal Act is a crime that seriously impedes police officers’ pride and desire to work, resulting in damage to the police officers, ultimately return to the general public. The Defendant is not less than twice to commit a crime by assaulting police officers on two occasions.

However, the punishment shall be determined in consideration of the fact that the defendant is against the recognition of the crime of this case and that the defendant is the first offender who has no record of criminal punishment.

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