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(영문) 의정부지방법원 2016.04.26 2016고단558
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 becomes final and conclusive.

Reasons

Punishment of the crime

On February 6, 2016, the Defendant, at D's station located in Spocheon-si C around 02:52 on February 6, 2016, was dissatisfied with the issue of business owner and alcohol value. The Defendant, upon receiving a report from 112, was urged to pay the alcohol value and to return home from the slope F, a police officer belonging to the 112 police station Ethical Ethical police station, called out, provided a bath, provided a bath, and take a bath to the said F, who solicits the returning home, and wear his/her mouth four times of walking, and he/she took a bath.

3.8In order to take a shot gun from it, and assaulted by cutting off the shot gun and the strings by hand;

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, and I;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Reasons for the sentencing of Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution [Scope of Recommendation] There is no person who does not [special sentencing person] in the basic area (six months to one year and four months) (the decision of sentence] under Article 62(1)(the scope of recommendation] under Article 62(1)(the basic area of the Act on the Suspension of Execution of Public Service [the] [the decision of sentence] [the crime involving interference with the performance of public duties for six months to one year and four months] under Article 62(1)(the crime involving interference with the performance of public duties for six months, suspension of execution for two years is a crime that undermines the function of the State by nullifyinging legitimate exercise of public power, so it is necessary to impose a strict punishment in order to establish national legal order and

However, the circumstances favorable to the defendant, such as the confession of the defendant to commit the crime of this case and the fact that the defendant committed the crime of this case in a contingent manner under the influence of alcohol, and the fact that the defendant did not have any record of criminal records exceeding fines or of obstructing the execution of official duties such as this case, and other motives, developments, means, and results leading to the crime of this case.

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