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(영문) 의정부지방법원 고양지원 2016.11.03 2016고단2416
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

Around 01:30 on July 13, 2016, the Defendant: (a) received 112 report, and solicited D, a police officer of the Goyang Police Station C, who was called the Defendant to return home, to the Defendant; and (b) on board the patrol vehicle, the Defendant: (c) cut the driver’s seat window of the patrol vehicle by hand while taking the patrol vehicle; and (d) interfered with the said police officer’s legitimate performance of duties on crime prevention and suppression, etc., taking the face of the said police officer one time at the patrol vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes concerning the photographic and video images;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not likely to obstruct the performance of official duties by assaulting a police officer merely on the ground that the person himself/herself is grow bad.

However, the punishment shall be determined as ordered in consideration of the fact that the defendant has no previous convictions in the same way, reflects the fact, and other various sentencing conditions, such as the age, character, conduct and environment of the defendant.

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