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(영문) 의정부지방법원 2016.08.12 2016고단2108
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 March 23, 2016, the Defendant was crossing the “D” road in front of the “D” convenience store located in the Dong Government-si, 17:50 on March 23, 2016, and was discovered by a policeman F belonging to the Dong Police Station E District, and was issued a traffic penalty poster to the Defendant, and F;

Other persons also violate dyna, hyna, Lyna, Lyna, Lyna, Lyna,

Does they are disregarding as a taxi engineer;

If governance finds that it is later unauthorized crossing, it will leave the taxi with it, and will leave it,” and “I, e.g. f., bitch f., f.h., f.h., the police f.h.;

Is d only dynasium and is raised

“In doing so, F’s chest was pushed back by hand, and obstructed the legitimate performance of duties by police officers with regard to traffic control by assaulting, such as cutting down on the right hand and cutting off the f’s chest by hand.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of G and H;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (from June to one year and four months) (the person subject to special sentencing) [Judgment of sentence] [Judgment of sentence] Defendant’s crime of this case is an act that interferes with police officers’ legitimate performance of duties concerning traffic control, and requires strict punishment of Defendant in a manner that interferes with police officers’ legitimate performance of duties, and the nature of such crime is not weak, but is light of public authority’s light view.

However, the sentencing is based on the following: (a) the Defendant led to the confession and reflect of the instant crime; (b) there was no record of punishment for the same kind of crime; and (c) there was no record of punishment exceeding the fine; and (d) the Defendant’s age, sex, environment, motive and circumstance of the crime; and (e) the circumstances after

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