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(영문) 의정부지방법원 고양지원 2017.11.28 2017고단2851
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On June 12, 2017, the Defendant: (a) received a report from the Defendant’s house of 102 Dong Dong 1004 and arrested him as a current offender from D, the security guards belonging to the Goyang-gu Police Station C unit of the Goyang Police Station, and (b) took the Defendant’s bath to the police officer, stating, “Woo-gu Hah, Hahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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. Interference with the reasoning for sentencing under Article 62(1) of the Criminal Act not only undermines the function of the State’s legal order, such as nullifying the legitimate exercise of public authority, but also undermines the safety of the general public, so it is necessary to make a strict punishment corresponding thereto. The Defendant’s use of violence to police officers who assaulted and dispatched the victim who is his spouse in his state of exploitation, and used violence to the victim who was dispatched, and the nature of such crime is not less than 15 minutes, and the Defendant’s record of having been punished due to violence is disadvantageous.

However, the sentencing conditions indicated in the records of this case, such as the fact that the defendant recognizes and reflects the crime, the fact that there is no record of the suspension of execution or more severe punishment, and the defendant's age, sex, family relationship, family environment, relationship with the victim, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered in light of the above circumstances.

Rejection of Public Prosecution

1. On June 12, 2017, the Defendant: (a) was under influence of alcohol at the Defendant’s house located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, 102 Dong 1004, and was under influence of alcohol at the Defendant’s house; (b) the Defendant was under influence of alcohol at the Defendant’s house; and (c) the Defendant was under the control of the victim E (51 years old); and (d) the Defendant was under the control of the said victim. The Defendant was under the control of the victim.

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