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(영문) 의정부지방법원 2014.06.11 2014고단435
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 19:00 on February 12, 2014, the Defendant, at the Defendant’s house located in Yangju-si, obstructed the police officer’s legitimate execution of duties in relation to the investigation of the instant case by assaulting, such as: (a) the Defendant’s failure to listen to the statement related to the said domestic violence case from F, the Defendant’s wife at the Yangju Police Station D District E, which was called as “I, B, I, and I, I, I, am, I, and I,” and (b) threatening the Defendant to “I, B, I, I, and I, die.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of statutes on site photographs and copies of public official identification cards;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Determination of Punishment] The ground for the obstruction of performance of official duties of the first category [Determination of the area of recommendation] of the basic area [the scope of punishment] [the scope of punishment of recommendation] from June to April [the scope of punishment] from January to April], 5] - The ground for negative major reference: the same previous conviction (the fine of not less than 5 years) - the ground for positive general reference: the defendant was sentenced to a suspended sentence of imprisonment for a crime of the same kind for 8 months, 2 years of probation, probation, community service, 120 hours, and the defendant was sentenced to a summary order of punishment for a crime of the same kind for several times, but the defendant committed the crime of this case, and obstructed the execution of official duties of police officers who performed official duties of the defendant.

However, in consideration of the family environment of the defendant, the cause of the crime in this case, the degree of violence and intimidation committed by the defendant, and other factors of sentencing under Article 51 of the Criminal Act, the punishment shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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