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(영문) 의정부지방법원 2014.11.26 2014고단2360
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 24, 2014, at the entrance door No. 1503, the Defendant: (a) expressed the desire of the police officer affiliated with the Speaker Police Station C Zone C, called “in the manner of chronism,” who was called out by the Defendant and the reporter to be removed from the Defendant and the reporter; (b) made another police officer’s desire to threaten the Defendant to drink; and (c) assaulted D’s f, who was the head of the Defendant’s arms to restrain the Defendant’s arms.

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of a police officer 112 report.

2. The Defendant was dispatched at the above date, at the above place, after being reported to 112, and the Defendant assaulted the victim G students of the Central Police School who aided other police officers and prevented the Defendant from assaulting.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of statutes on photographs of damage;

1. Relevant Articles 136(1) and 260(1) of the Criminal Act (the point of obstructing performance of official duties), the choice of applicable Articles on criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. For the reasons for sentencing of Article 62-2 of the Social Service Order Act, Article 62-2 of the Act on the Punishment of Crimes No. 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation) where the basic area (6-1-4 months), the basic area (6-1-1 year and four months), the degree of violence, intimidation, and deceptive scheme is minor, and where there are many public officials who have suffered damage (1-1 type), the scope of recommendation] the mitigated area (1-1 month-8 months) (1-6 months), the mitigated area (1-6 months), the mitigated area (1-8 months), the mitigated area (1-6 months), and the final sentencing range due to the aggravated punishment of multiple crimes (6-1 year-18 months-18 months-18: 6-18 months-18 [decision of sentence].

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