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(영문) 의정부지방법원 2016.08.29 2016고단1848
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 April 23, 2016, the Defendant: (a) performed duties within the jurisdiction of the police station located in the Gu Government Police Station C belonging to the same police station, which was working in the Gu Government Police Station C on April 23, 2016, 1265, and (b) was under the influence of alcohol without any special reason, thereby obstructing the Defendant’s legitimate performance of duties concerning the boundary duty, etc. of the police officer by keeping his chests of the same police station C, who were working in the Gu Government Police Station C, for drinking in the same police station C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (including submission of a medical certificate and a certificate of hospitalization and treatment);

1. Application of Acts and subordinate statutes, such as a medical certificate, certificate of hospitalization, and disability welfare card;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act, which prevents the police from performing public duties by exercising physical power, is a bad, and is a crime.

However, the punishment shall be determined as ordered by taking into account all kinds of sentencing conditions against the defendant, such as the fact that the defendant is in physical physical Grade III, the fact that he/she has no previous convictions other than four times due to the crime of property damage, and the age, sex, and circumstances after the crime, etc. of the defendant.

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