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(영문) 의정부지방법원 고양지원 2016.05.24 2016고단376
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On January 31, 2016, the Defendant: (a) committed a traffic accident in front of the village of 1564 Jinsan-dong, Seosan-dong, Seosan-gu, 15:50 on the road; (b) and (c) committed an assault, such as having received a report and received a demand for drinking measurement from a policeman C (29 years of age) who is a police officer belonging to the police unit of the Yongsan Police Station B of the Busan Police Station B, who was called upon, and having received a demand for drinking measurement; and (c) b) c, taking a bath to the police officer of the police unit of the Hansan Police Station B, who was called for drinking twice.

As a result, the defendant interfered with legitimate execution of duties of police officers regarding traffic accident handling.

2. Around January 31, 2016, the Defendant insultingd the victim by openly insulting the victim of the victim E, “Ackh, fin, knife, knife, knife, knife, knife, knife, knife, knife, knife, and knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, etc.,” using two and five and five and other police officers at the office of the Sinsan-dong Police Station at the center of Mansan-dong-gu, Busan-gu, 1338.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment is aggregated with the long-term punishment of both crimes);

1. Sentencing prescribed in Article 62(1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than six years;

2. Application of the sentencing criteria;

(a) Interference with the performance of official duties [decision of type] There is no person who interferes with a crime obstructing the performance of official duties, interference with the performance of official duties, and no person [the scope of punishment for recommendation] (the scope of punishment for recommendation], six months of imprisonment, and one year and four months;

(b) Decision of a recommended punishment according to the standards for handling multiple crimes: imprisonment for not less than 6 months, the above crime for which the sentencing guidelines are set and the remaining crimes for which the sentencing guidelines are not set shall be the former part of Article 37 of the Criminal Act.

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