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(영문) 의정부지방법원 2017.09.20 2017고단3375
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 became final and conclusive.

Reasons

Punishment of the crime

On April 27, 2017, at around 02:30, the Defendant: (a) expressed the Defendant’s desire to refrain from being disturbed by the police officer E belonging to the Guri Police Station D branch of the Guri Police Station, who was called up after receiving a report of 112 that the young female flicked and flicked the sound; (b) expressed the Defendant’s face at his hand at two times, and assaulted the Defendant’s face at two times, with the Defendant’s left flick.

Accordingly, the Defendant interfered with the police officer's legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. The application of each description of parts parts of physical damage, diagnostic certificate, motion picture CDs, and video statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) [the scope of statutory penalty] imprisonment with prison labor for not more than five years [the scope of punishment] The basic area of interfering with the performance of official duties among the groups of crimes interfering with the performance of official duties / [the scope of recommended punishment]: From June to June (the decision of sentence] imprisonment with prison labor for not less than one year and six months (the decision of sentence), and assaulting a police in uniform of two years under the suspension of execution with prison labor for not less than six months, and the degree of assault committed by the defendant is somewhat minor;

subsection (b) of this section.

However, the sentence of imprisonment shall be imposed on the defendant and the execution thereof shall be suspended in consideration of the fact that the defendant is living against the confession of the crime and that there is no criminal record of the same kind or any criminal record of suspended execution

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