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(영문) 의정부지방법원 고양지원 2019.10.16 2019고단2328
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor 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

At around 03:15 on August 18, 2019, the Defendant: (a) expressed a desire to return home from D, who was called out after receiving a report from 112, to a police officer belonging to the Goyang-gu C District Unit of the Goyang Police Station, and (b) expressed a desire to “Ig to do so”, and (c) took the right hand at one time to the right hand of the said D.

Accordingly, the Defendant assaulted as above and interfered with the legitimate execution of duties concerning the protection of the lives, bodies, and property of the police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of the 112 Reporting Case Handling List;

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

1. The use of violence against police officers who perform official duties in sentencing under Article 62(1) of the Criminal Act is very poor, but it appears that the degree of physical damage by police officers is relatively weak, confession and reflects into crimes, contingent crimes, absence of the same kind of power, age and character and conduct of the defendant, and all of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as punishment as ordered, shall be determined by taking into account.

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