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(영문) 의정부지방법원 2014.03.20 2014고단214
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Criminal facts

On January 20, 2014, at around 20:40, the Defendant: (a) was arrested in the act of assaulting D who was a taxi driver at his own discretion and was under investigation; (b) was removed from E who was arrested in the act of assaulting D and tried to leave the police box at his own discretion; (c) was able to look at the left side of E on the hand floor of the police box; and (d) was committed by assaulting the police officer in relation to criminal investigation, such as being able to take the right side eye of E who was seated in the police box due to his head, his head, thereby interfering with the legitimate execution of duties of the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes to the victim E-Assault photographs and opinions;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the Suspension of Execution [Determination of Punishment] - Class 1 of the obstruction of Performance of Official Duties (Special Convicts): In cases of minor mitigation elements: [Determination of the recommended area] mitigated area [Scope of Recommendation] from January to August [Scope of Punishment] / [Prohibition of Execution] from January to August / [Scope of Punishment] / 5] in cases of minor positive assault, threat, deception - there is no serious reflector - there is no criminal record of suspended sentence or heavier (decision of sentence] 3 months of imprisonment and one year of suspended sentence.

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