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(영문) 의정부지방법원 2017.09.27 2017고단3160
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 2017, 01:10, the Defendant: (a) committed assault on the road in front of the D convenience store located in Spocheon-si, Spocheon-si; (b) the Defendant sent out after receiving a report from the above convenience store to the Defendant, that the Defendant asked the Defendant to ask him personal information; (c) the Defendant “I am to leave her sofet, I am to leave her sofet; (d) the Defendant sent to the F in front of the F in Mapo-si; and (e) the F ambling of the F in her left hand when the Defendant controlled the Defendant; and (e) the F ambling of the F with the left hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes concerning screen pictures at the site;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts of crime (elective of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [Scope of Recommendation] No person who does not exist in the basic area (from June to one year and six months) (i.e., special sentencing person] (determination of sentence] (a decision of sentence] in order to establish national legal order and eradicate a light of public authority, it is necessary to strictly punish a crime against public authority, such as interference with the performance of official duties.

The criminal defendant, under the influence of alcohol, assaulted a police officer to confirm the situation and personal information of the case, and obstructed his legitimate execution of his duties, and the criminal liability is not against the law.

However, the defendant recognized his mistake and is in profoundly against himself.

There is no record of punishment for the same crime, and there is no record of punishment exceeding a fine so far.

In this context, the sentencing guidelines shall be set by taking into account various sentencing conditions, such as the defendant's age, sexual conduct, background, means and result of the crime, and the circumstances after the crime.

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