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(영문) 의정부지방법원 2016.04.15 2015고단3584
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, around August 23, 2015, 21:10 on August 23, 2015, was seated at a female toilet at the “D” house located in Namyang-si, Namyang-si, where he was under the influence of alcohol.

“The police box of the Namyang-ju Police Station: (a) the police officer F of the police box of the Namyang-ju Police Station, who was called out after receiving a report, and solicited him to return home from G, and the above F and G to take a bath; (b) the breath of the instant G to breath by hand, and (c) the said F to restrain this, and (d) the above F was at one time at the right face of the said F with his hand.

The Defendant assaulted the above G and F, thereby obstructing the police officer’s legitimate performance of duties concerning the maintenance of social order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A H statement;

1. Application of Acts and subordinate statutes to report on investigation (police officer F and G telephone statement hearing report);

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

1. Where an act of assault or intimidation is committed against multiple public officials who perform the same duties as commercial concurrence, the act of assault or intimidation is established according to the number of public officials who perform the official duties, and where the act of assault or intimidation was committed in the same place at the same time, and is assessed as one act in light of social norms, the act of assault or intimidation committed in the same manner is in a relationship of conceptual concurrence;

In other words, the Supreme Court Decision 2009Do3505 Decided June 25, 2009, etc.). Articles 40 and 50 of the Criminal Act

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] There is no person who has no basic area (from June to January 4) (the person subject to special sentencing) [the defendant's decision of sentencing] [the defendant's crime of this case constitutes an act that interferes with the exercise of public authority by assaulting police officers in the course of performing their duties, and that the nature of the crime is not weak.

However, there is a history of the defendant's confession and reflection of the crime of this case, and criminal punishment until it has yet to be imposed.

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