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(영문) 의정부지방법원 고양지원 2019.11.28 2019고단2795
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 29, 2019, at around 01:21, the Defendant received 112 report that the Defendant did not pay the drinking value in the state of drinking and takes the drinking expenses to other customers, and was urged from the security guards E (SP) assigned to the scene, to prevent the Defendant from coming to other customers of the next table.

The Defendant: (a) expressed her motive to undergo the removal from the above E; (b) expressed her motive to “this rings, singkes”; and (c) assaulted E, such as flabing the left side of E by drinking her hand, flabing it with flabing it.

As a result, the Defendant interfered with the legitimate performance of official duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of statutes governing on-site CCTV CDs;

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

1. The reasons for the sentencing of Article 62(1) of the Criminal Code for the sentencing of the suspended sentence [Article 62(1) of the Act on the Suspension of Performance of Official Duties] [Article 1] There is no obstruction of performance of official duties/performance of duties [the scope of the recommended area and the recommended punishment] basic area, the decision of sentence for six months to one year: the suspended sentence (the above recommended punishment shall be considered, but the above recommended punishment shall be determined below the lowest limit of the above recommended punishment in consideration of comprehensive consideration of the following circumstances) is established in the country's legal order and to eradicate the light of public authority, it is necessary to set a strict range for the crime of obstruction of official duties.

The degree of violence against the victimized police officers is not easy.

However, the defendant recognized the crime of this case and runs counter to his fault in depth.

The victim police officer sought a letter of apology while driving the letter, and accordingly, the victim police officer expressed his/her will that he/she will be faced with the defendant.

At the time of the defendant's disturbance.

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