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(영문) 의정부지방법원 2016.11.18 2016고단4061
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around April 30, 2016, the Defendant insultingd the victim of the police officer’s injury, who was called up after receiving a report of 112 on the 15:23 street in front of the Hawon Hawon Hawon-gun C on April 30, 2016, with the large sound called “the 50-year-old police officer’s injury to death of a police officer’s dog, grow up, saws, shots, sprinks, etc.” to openly insult the victim.

2. When the Defendant was dispatched from the police officer upon receiving a report on the date, time, and place mentioned in paragraph (1) of the same Article, and the Defendant took a fighting match between the Defendant and G, the Defendant assaulted the police officer on several occasions as stated in paragraph (1) and threatened the police officer F with “I will make it impossible for him/her to live, will die, and later make him/her go against the police officer.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer in F and G;

1. Statement of G;

1. Application of each Act and subordinate statutes entered in the report of investigation and the list of 112 reported cases;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope that the punishment is added up the long-term punishment for the crimes of obstruction of performance of official duties heavier than the punishment)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Crimes of obstruction of the performance of official duties under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on Probation, Etc. [the scope of punishment by law] imprisonment with prison labor for not more than six years [the decision of punishment] Crimes of obstruction of the performance of official duties among the crimes of obstruction of the performance of official duties: Sentencing is not set.

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