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(영문) 의정부지방법원 2018.05.31 2018고단922
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 14, 2018, 00:25, the Defendant: (a) reported that the passengers aboard a taxi from D, a taxi engineer, do not shoulder the locked; and (b) the Defendant’s phone was defective by “the house,” which was stored in the Defendant’s handphone by the slope E belonging to the Southern-gu Police Station C commander of the Namyang-gu Police Station, which called “the phone,” and called “the phone,” to which the Defendant carried the Defendant, who was seated at the seat of the cab, and was stored in the Defendant’s handphone.

“Absure” was expressed as “Abstin, police officer, etc.” in the latter part of this E.

We need to take place more and more.

”라고 말하자 “ 경찰관이면 뭐! 씨발 년 아! ”라고 욕설을 하면서 피고인의 오른쪽 발로 위 E의 오른쪽 허벅지를 2회 걷어 차 폭행하였다.

As above, Defendant assaulted a police officer to interfere with the police officer’s legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of D;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines: From six months to one year and six months [the scope of the recommended punishment], the basic area (from six months to one year and six months) (no person subject to special sentencing) of the category 1 (Interference with Execution of Official Duties and Forced Performance of Duties) shall interfere with the performance of official duties.

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as one year of imprisonment, two years of suspended sentence, and the age, occupation, sex, family relationship, and circumstances before and after the commission of a crime;

Circumstances unfavorable: Circumstances that are favorable to the poor quality of the crime: The confession of the crime in this case

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