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(영문) 의정부지방법원 고양지원 2016.09.30 2016고단1883
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2016, the Defendant: (a) received a report from her husband on his her her son, and tried to arrest the Defendant in the act of committing an act of violence; (b) on June 29, 2016, the Defendant called the Defendant, upon receiving a report from her husband, and sought to commit an act of assault; and (c) the Defendant called the Defendant.

Whether police officers judge or not.

“A bit of bit of bit of a bit of a crime”, “A bit of a bit of a crime,” is committed on the vehicle in which the crime was committed, and why is the flagrant offender.

“In doing so, assaulted, i.e., the chest of the above D, one time as his hand, and her finger as if he were born with his hand.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order and the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of statutes on site photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The proper sentencing of Article 62-2 of the Criminal Code of the Social Service Order is justified and the police officer’s act of disregarding the public authority and attempting to challenge the police officer should be punished by strict punishment.

In particular, until February 2011, the defendant had been punished several times, including the punishment imposed by the crime of interference with the performance of official duties, and there are many records of punishment for violent crimes.

However, the defendant shows that he commits a crime, and is the most liable for his family's livelihood.

In particular, the wife of the defendant wanted to be the defendant's prior wife.

It is difficult to see that the degree of the instant assault is the subject matter.

In this context, considering the Defendant’s age, sex, environment, occupation and career, family relationship, motive and background of the crime, details of the crime, and circumstances after the crime, the execution of imprisonment shall be suspended, but the community service order shall be added to the order to give an opportunity to reflect.

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