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(영문) 의정부지방법원 2014.05.09 2014고단531
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On January 3, 2014, from around 13:30 to 14:00, the Defendant was demanded from the victim C’s home located in Gu Government B to take a bath to the victim and the mother of the victim, and received a demand from the victim by avoiding disturbance.

However, the defendant does not respond to it, and he does not leave the victim's house for about 20 minutes until the victim moves out of the house, and without justifiable reasons, leaves the victim's house until the victim moves out of the house.

The Gu refused to comply with the Gu.

2. At around 14:10 on January 3, 2014, the Defendant of the obstruction of performance of official duties: (a) confirmed the circumstances of the instant case by the police officer belonging to the House E District Police Station of the Jung-gu Government Police Station, who was working in the House E District, working in the House E District of the Gu Government Police Station, the Defendant threatened the Defendant, while taking a bath to F, with the Defendant, the Defendant sexually boomed the out-of-the-counter boom who was put in F by hand, and threatened the police officer F, stating, “the family member shall be killed, dead, spathed, destroyed, and spawn,” and threatened the Defendant “F.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of C’s written laws and regulations

1. Relevant Article 319(2) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment for the crime

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

A. Obstruction of Performance of Official Duties [Determination of Punishment] Obstruction of Performance of Official Duties - Obstruction of Performance of Official Duties - Reduction element: In cases where the degree of assault, intimidation, and deceptive scheme is minor, [Determination of the area of recommendation] mitigation area / [Scope of punishment of recommendation] January - August / [Scope of punishment of punishment] applicable provisions of Acts / statutory punishment of Article 136(1) of the Criminal Act: January - 5 years.

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