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(영문) 의정부지방법원 2015.04.28 2014고단4238
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than five 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 October 21, 2014, at around 02:00, the Defendant respondeded to E in a manner that, upon receiving a report on the fact that the C Apartment 1906 Dong 305, which is the Defendant’s residence located in Namyang-si, was sent to the scene, the Defendant refused to answer to the report from the police officer E by the police officer assigned to the Namyang-gu Police Station D police station, who was asked about the details of the report by the police officer E, who was called to the scene, and “I want to kill several sphere, and I wish to do so, I would like to attract the left retail of E, attract the kn retail to the Defendant, and want to receive the face of E by head.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of 112 reported police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor in the area of mitigation (one to eight months) of the area of obstruction of performance of official duties (special mitigation) (one to one month), the area of mitigation (special mitigation), [decision of sentence] the police officers dispatched to the Defendant’s report by the Defendant’s report, along with his/her humiliation and violence, should be criticized to interfere with the police officers’ performance of official duties.

피고인에게 동종 범죄전력도 있어 가볍게 볼 수는 없으나, 피고인의 행동은 경찰관의 왼소매를 잡아 끌거나 머리로 들이받으려고 시늉을 한 것이어서 폭행의 태양이 중하지 않다.

Therefore, considering the fact that the defendant repents and reflects his mistake, it is possible to review the sentence of a fine to the defendant. However, the defendant's report of this case to the defendant's wife due to economic difficulties, and if the defendant is sentenced to a fine, it is likely to bring about the second family system.

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