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(영문) 의정부지방법원 2017.12.06 2017고단4707
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 30, 2017, the Defendant: (a) around 12:55 around 30,017, around C, in the direction of the Sincheon-si, the Defendant: (b) “I am while I am while I am her, I am her to her, and (c) I am her to her house.”

“Abstinence,” in order to confirm the circumstances and to notify the F, who is the Defendant’s seat, of the police box affiliated with the police box of the 112 police station sent out, for reasons of uneasiness.

Gabbbing brush in brush;

개새끼들아! ”라고 욕설을 하며 경장 E가 들고 있는 휴대용 조회 기를 손으로 수회 내려치면서 조 회기를 뺏으려 하고, 주먹 쥔 손으로 경장 E의 왼쪽 팔뚝을 3회 때리고, 발로 왼쪽 허벅지를 1회 걷어차고, 종아리 부위를 2회 걷어차는 등 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of public peace and order and notification of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement with respect to E and G;

1. Written statements of H, I, and J;

1. Entry of each photograph and application of the video Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) [the scope of statutory penalty] imprisonment with prison labor for not more than five years [the scope of punishment] The basic area of obstructing the performance of official duties among the groups that interfere with the performance of official duties [the scope of recommended punishment]: From June to June [the decision of sentence], and from June to June, the act of assaulting the police in uniform 2 years from the suspension of execution with prison labor is required to be strictly punished.

However, the sentence of imprisonment shall be imposed on the defendant and the execution thereof shall be suspended in consideration of the fact that the defendant is living against the confession of the crime and that there is no criminal record of the same kind or any criminal record of suspended execution

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