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(영문) 의정부지방법원 2017.04.12 2017고단250
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 January 1, 2017, 13:08, the Defendant 112 reported that the Defendant was under the influence of alcohol on the road in front of the Defendant’s residence located in Namyang-si, Namyang-si, who called the Defendant to return home from the victim D, a police box affiliated with the police box of the Namyang-gu Police Station C, who called the Defendant.

Accordingly, the defendant "this Chewing and dead shall be discarded to the victim."

“Absingly, assaulted the victim’s face at one time by drinking.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of Acts and subordinate statutes stating the history of the report of 112 case;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) and (2) of the Criminal Act, the main sentence of Article 62-2 of the Social Service Order Act, and Article 59 of the Act on the Observation, etc. of Protection [the scope of applicable sentences under the law] [the scope of applicable sentences under the law] [the scope of recommended punishment] fundamental area: From June to June [the scope of recommended punishment] in the military of a crime that interferes with the performance of official duties, the defendant was sentenced to a summary order of KRW 1 million by the District Court of the Government of the Republic of Korea for a period of two years after suspension of execution from January to June [the sentenced sentence] in the period of imprisonment with labor for a period of one year and six months (the sentenced sentence]. On May 11, 2016, the defendant was sentenced to a summary order of KRW 1 million, who was sentenced to a fine of KRW 500,000,000,000 for interference with the performance of official duties and was sentenced to a fine of May 27, 2016.

All of the above cases committed a crime by force or violence while under the influence of alcohol, and the Defendant committed assault against the police who was under the influence of alcohol at once.

Now, it is necessary to select imprisonment with prison labor to be sentenced to the defendant.

However, the fact that the defendant has led to the crime and has not yet been convicted of the same kind.

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