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(영문) 의정부지방법원 2018.02.21 2017고단5818
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 October 12, 2017, the Defendant, while driving D vans on the front side of the Gyeonggi-do Police Station E in order to regulate drinking at around 21:36 on October 12, 2017, went away from the Dong Dobcheon-do.

During that day, the Defendant, at around 21:45 on the same day, went to the nearest drainage route of the knife from the knife of the knife of the knife of the knife of the knife of the knife of the knife of the Defendant, for the reason that H affiliated with the knife of the knife Police Station E, which continued to snife the Defendant from the Defendant’s entrance, was snife with the lower part of the Defendant’s h

In order to prevent and suppress crimes by assaulting the body of the above H by cutting down both fingers and arms, the police officers interfered with legitimate execution of duties regarding the prevention and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to H in the police statement protocol;

1. Application of film laws and subordinate statutes of black boxes and video CDs;

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. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence [the scope of applicable sentences under the law] [the scope of applicable sentences under the law] 5 years or less [the scope of recommended sentences] The basic area of interfering with the performance of official duties among the groups that interfered with the performance of official duties / [the scope of recommended sentences] : From June to January 6 [the general sentencing factors]: there is no criminal record in the Republic of Korea [the decision of sentence] that one year of suspended sentence is against the defendant's confession of the crime in the fourth month [the decision of sentence], there is no record of domestic criminal punishment, the police officer who was assaulted by the defendant does not want the punishment of the defendant (12 pages of evidence record) and the defendant deposited the above police officer with the lower limit of the recommended sentence range under the sentencing guidelines (42 pages of evidence record].

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