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(영문) 의정부지방법원 2018.05.16 2018고단416
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 19:50 on 21, 2018, the Defendant was required to return home from G officers belonging to the police station of the Jung-gu Government Police Station D police station, such as the police officer F, while he/she was a taxi driver, due to taxi rates in front of “DD zone” due to taxi rates in front of “D zone.”

The Defendant assaulted the F’s face at one time by moving into the earth’s belt, and as a result, G’s buckbucks are walking once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to G and F;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. Interference with the failure to apply the sentencing criteria is set up in six months to one year and six months (the basic area) by imprisonment with labor for a crime obstructing the performance of official duties, obstructing the performance of official duties, obstructing the performance of official duties, and preventing the performance of official duties (the scope of recommended punishment). However, the sentencing criteria for commercial concurrent crimes do not provide a separate handling method. Thus, the sentencing criteria are not applied.

3. Determination of sentence: Imprisonment with prison labor shall be selected, taking into consideration the fact that the defendant has a criminal record of an injury in 2010, in order to establish a law and order of the State with a suspended sentence of eight months, two-year period of imprisonment, and to eradicate the light of public authority, taking into account the fact that there is a need to strictly punish the

However, in full view of various circumstances, such as the fact that the defendant was led, the fact that the defendant was sentenced to a fine, the fact that the defendant was sentenced to a fine, the age of the defendant, sexual conduct, environment, motive, means and result of the crime, and the circumstances after the crime.

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