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(영문) 의정부지방법원 2017.10.23 2017고단3710
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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 August 10, 2017, the Defendant: (a) around 04:15, the Defendant does not provide customers with the drinking value in Cudios in Cudio-gun B; and (b) the Defendant does not provide customers with the drinking value.

“E without permission to take aboard the back of the patrol box on which the police box affiliated E, etc. was called upon and called “Is the police box grow up at the time of their return to the Defendant;

짭새끼가.” 라는 등 욕설을 하면서, E에게 달려들어 멱살을 잡아 흔들고 주먹으로 위협을 가하였다.

As a result, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on handling reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of the F’s written Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing) (the following sentencing), [the scope of statutory punishment] imprisonment with prison labor for not more than five years, [the scope of recommending punishment] The basic area of obstructing the performance of official duties among the crimes obstructing the performance of official duties: From June to June [the scope of recommending punishment]: the defendant, who was sentenced to the suspension of execution for not less than two years, had been already subject to criminal punishment on several occasions, including the criminal records of imprisonment with prison labor for not less than six months, was committed by assaulting police officers, thereby emphasizing the public authority and legal order.

The act of assaulting the police in uniform requires strict punishment, and it is necessary to sentence imprisonment to the defendant.

However, the execution of punishment shall be suspended in consideration of the fact that the defendant is living against the defendant while making a confession of the crime, there is no criminal record for the same kind of crime, and the degree of violence against police officers is not serious.

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