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(영문) 의정부지방법원 고양지원 2015.11.24 2015고단2671
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

At around 21:00 on September 25, 2015, the Defendant: (a) reported 112 at his own house located in C on September 25, 2015, and sent back to the site, the Defendant: (b) sounded that the circumstances under which the police box affiliated with the police box of the State Police Station called “where she enters the house of the south where she has to grow up anywhere she has to go up; and (c) she got her breast part of E by her head at one time and her finger.”

Accordingly, the defendant interfered with legitimate execution of duties for the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each investigation report (in relation to the statement of birth G of a suspect A, submission of a medical certificate of victim E);

1. Application of Acts and subordinate statutes of the 112 Reporting List;

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

1. The crime of this case committed by exercising force against a police officer who is in line with the reason and social order of sentencing under Article 62(1) of the Criminal Act and the public safety is very poor.

The sentence of suspended execution shall be imposed by taking into account favorable circumstances, such as the fact that a person has long been punished for a crime of the same kind, and that there is a past record of being sentenced to a suspended sentence for a crime related to violence, and that there is a past record of being sentenced to a suspended sentence for a crime related to violence. However, it seems that the means of obstructing the performance of official duties or the degree of obstructing the performance of official duties are not much serious, and that some money or horse was deposited for a police officer who is the other party to the obstruction of the performance of official duties, and that it was likely to cause the crime of this case by contingency, and that his mistake is divided and reflected

In addition, in consideration of the defendant's age, character and conduct, environment, criminal records, motive of crime, circumstances after crime, etc., the sentencing guidelines for obstruction of performance of official duties shall be set (the scope of recommending punishment).

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