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(영문) 의정부지방법원 고양지원 2017.11.23 2017고단2194
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On July 4, 2017, around 01:47, the Defendant: (a) driven a motor vehicle on the street street in front of the Dong-gu Busan Metropolitan City and D, an acting driver, to another place than the Defendant’s office; and (b) the Defendant driven the motor vehicle to a place other than the Defendant’s office.

(2) The plaintiff's assertion that D will not be able to make a substitute fee, and that D will be matched.

On the ground that the police officer F (30 years old) belonging to the above E police box was able to listen only to D's horses and used to return home to the Defendant after having her accurate destination after having her ended, while disputing each other as a trial guard, she requested him/her to set up a patrol boat belonging to the Japan East Police Station E police box in the above E police box. The reason that the police officer F (30 years old) belonging to the above E police box was able to return home to the Defendant after having her accurate destination; and

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The topic that public officials received monthly bitch, bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch xch xch xch xch xch xch xch f.

Accordingly, the defendant assaulted police officers in order to interfere with the legitimate execution of police officers' duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to the patrol boom images and to the closure of the patrol booms;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Not more than five years of imprisonment with prison labor within the scope of punishment by law;

2. Application of the sentencing criteria [Determination of the type] Crimes obstructing the performance of official duties, interference with the performance of official duties, and no type 1 [person subject to special sentencing] (decision of the recommended sentence] basic area, six months from imprisonment to one year and four months.

3. As to the instant crime in which the sentence of sentence was rendered, there is a need for a strict punishment of the Defendant in a view to sounding a light of the public authority. However, the Defendant’s confession of the instant crime, the Defendant has no record of criminal punishment or punishment heavier than that of suspended execution, and other Defendant’s age, sex, and criminal conduct.

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