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(영문) 의정부지방법원 고양지원 2015.03.13 2014고단3141
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 October 15, 2014, around 23:28, at the front of the "C" main point in Goyang-si B, the Defendant: (a) was urged by customers to return home from the slope E belonging to the D District of the Gyeonggi-do Police Station D District of the Gyeonggi-do Police Station, which was called as the "B to be detained; (b) to go home; and (c) attempted to call the front door of the patrol car and to be urged to stop home again; and (d) was urged by the Defendant to stop back and return home again by taking a bath, such as "police, the police, and what is the defined society that is defined by this spule," and assaulted the left hand part of the head of the above E at one time.

Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of police officers to the scene and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to photograph CCTV images by capturing them;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts;

1. In light of the special nature of the crime for sentencing under Article 62(1) of the Criminal Act, the execution of a sentence shall be suspended only once, taking into account the following: (a) the need for strict punishment appears to be a contingency and contingent crime; (b) the Defendant’s failure to repeat a crime against the Defendant; and (c) the past power relationship, the family relationship of the Defendant, and economic circumstances.

It is so decided as per Disposition for the above reasons.

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