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(영문) 의정부지방법원 2018.11.15 2018고단3872
공무집행방해등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 1, 2018, the Defendant interfered with the performance of official duties: “D” operated by C on B 1st, Namyang-si, Namyang-si, Namyang-si, where “A person is under the influence of alcohol” was reported and sent to the site by 112, and the police officer affiliated with the Namyang-gu Police Station E box of the Namyang-gu Police Station, who was divingd on the floor of the site, used the Defendant to kill the said F, and used the F, in his hand, to kill the Defendant, who was divingd on the floor.

Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.

2. On June 1, 2018, from around 22:50 on June 1, 2018 to 22:58 of the same day, the Defendant: (a) taken the police officers using a cell phone at one lane on the front of the said “D” road; and (b) taken the police officers using a cell phone at one lane on the front of the said “D” road; and (c) the Defendant F, a police box affiliated with the Namyang Police Station E box, may not cause any danger on the road.

"Defects" and the head of the Namyang-ju Police Station Efera, which had been at the site of a stopner, had a rear door so that the patrol car No. 82 of the Namyang-ju Police Station Efera 82 may not move to another place, again, interfere with traffic, such as preventing other vehicles from proceeding on the side of the said patrol car after the said patrol car.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of G, H, I, and J;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 185 of the Criminal Act (the point of obstructing general traffic, and the choice of imprisonment, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of recommended punishments for the sentencing criteria: One month of imprisonment with prison labor for the lowest limit.

(a) Category 1 (Interference with the Execution of Official Duties) (Scope of Recommendations).

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