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(영문) 의정부지방법원 고양지원 2016.12.09 2016고단2900
공무집행방해
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

On September 24, 2016, around 05:05, the Defendant took two-lanes of the direction of strike in the vicinity of Seoyang-gu, Seoyang-gu, Seoyang-gu. On September 24, 2016, the Defendant interfered with the police officer’s legitimate performance of duties concerning handling of 112 reported duties by the police officer C of the Goyang Police Station B, who was called on the road after receiving a report of 112 that the Defendant would have been taking possession of on the road. The police officer C, who was called on the road, caused the Defendant to cause the Defendant to carry on the patrol, taken the Defendant on board the patrol vehicle, taken a bath before the patrol vehicle, and obstructed the police officer’s duty as soon as possible.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on site photographs;

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

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

1. The heavy punishment should be imposed on the police officer who conducts his/her official duties with the reason of sentencing under Article 62-2 of the Criminal Code of the Social Service Order.

The defendant has a record of having suspended the execution of imprisonment twice due to the obstruction of performance of official duties, violence, etc.

However, the health condition of the defendant is not good, and the victim police officers need not repeat again after receiving hospital treatment, and the fact that the damaged police officers do not want the punishment of the defendant is considered as favorable to the defendant.

In this context, the defendant's age and character, character and conduct, environment, occupation and career, family relationship, motive and background of the crime, details of the crime, circumstances after the crime, etc. shall be comprehensively considered to determine the punishment as ordered.

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