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(영문) 의정부지방법원 2018.01.05 2017고단4810
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 22, 2017, at around 01:35, the Defendant was faced with D and his body on the front side of the “C Photographs” in Dongbcheon-si B, 2017, by the guard F, etc. who was called up after receiving 112 reports.

Accordingly, the Defendant “a fluoring a fluor,” and fluoring a fluor of a fluoring fluor of a fluor.

In doing so, “F has expressed her finger face one time while taking a bath, such as “F.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report on the G's written statement (investigation into the currency of one hand);

1. Application of Acts and subordinate statutes governing the handling of on-site photographs, copies of work sites, and reported cases under 112;

1. Relevant Article 136 of the Criminal Act and Article 136 of the Criminal Act concerning the punishment of the 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 (the scope of a recommendation) / [the scope of a punishment ] the basic area (from June to January 1) (no person subject to special sentencing) / [the decision of sentence] / In order to establish national legal order and eradicate the light of the public authority, it is necessary to strictly punish a crime against public authority, such as interference with the performance of official duties.

The defendant, who was dispatched to the police after being reported 112 in the influence of alcohol, was brupted by assaulting the police officer who fights while taking a bath.

There is also a history of punishment for a fine due to a crime of damage to public goods.

However, the defendant's mistake is recognized and depthed.

The damaged police officers want to find the Defendant the Defendant.

It is the most supporting body and young children.

In this context, the sentencing guidelines shall be recommended in consideration of various sentencing conditions, such as the defendant's age, sex, environment, motive, means and result, and circumstances after the crime.

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