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(영문) 의정부지방법원 2015.06.16 2015고단463
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 20:25 on December 26, 2014, the Defendant received the report of 112 that he was a guest who franks without paying the drinking value in front of the ‘B underground', and assaulted the face of E on one occasion by a police officer, who was a police officer of the D Zone called the Defendant, at his own will, during the patrol lane, while carrying the Defendant at his own discretion, and assaulted the police officer, who was a police officer of the D Zone called the D Zone called the police officer of the E Zone called the “C f.”, who was sent to E along with the policeman, on one occasion, at the same time. The Defendant used the F f. with his head at three times.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Photographs;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor as a matter of choice (the fact that there was a past record of fines twice for violence crimes and the details, etc. of the crime in this case);

1. Reasons for sentencing of Article 62 (1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The basic area (six months to one year and four months) of the obstruction of performance of official duties (the decision of sentence] (the decision of a special person), and six months of imprisonment and one year of suspended execution;

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