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(영문) 의정부지방법원 고양지원 2015.09.04 2015고단1313
공무집행방해
Text

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

Around 23:50 on April 17, 2015, the Defendant: (a) received a report and received a recommendation to return home 64,00,000,000 from the police officer D belonging to the Yongsan Police Station C District, which was called the Defendant, and obstructed the performance of official duties, such as handling a police officer’s report by force, by taking into account the following: (b) “I am punished for feasia; (c) I am if possible, I am punished for feasia; (d) I am the chest part of the police officer’s chest part on drinking twice; and (e) I am the face part once again, and interfere with the performance of official duties by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. A E-document;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Sentencing Criteria for sentencing under Article 62-2 of the Criminal Act: obstruction of performance of official duties, obstruction of performance of official duties, Category 1 (Obstruction of Performance of Official Duties/Performance of Duties), basic area, imprisonment with prison labor for June to April 1, 200, the police officer who intends to protect himself/herself under the influence of alcohol is in need of a corresponding punishment in consideration of the characteristics of the instant crime committed by the police officer who conducts legitimate official duties, and the defendant has been punished several times due to the past violence-related crimes, and there is a history of force that the police officer has been punished twice by two times due to the disturbance at a police station.

The defendant shows the attitude against the defendant to recognize the crime of this case, and the degree of violence committed by the defendant is not heavy, and deposit KRW 1 million for the police officer who is the victim.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

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