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(영문) 의정부지방법원 2018.08.24 2018고단2211
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 28, 2018, the Defendant obstructed the police officer’s performance of official duties with respect to the handling of the 1112 Report Report case, and obstructed the police officer’s legitimate performance of duties by taking advantage of the 112 report that D restaurant located in Namyang-si, Namyang-si, which was sent after receiving 112 report while taking a bath to employees, etc., could be treated as a crime of interference with duties or insult from the slopeF belonging to the Eth of the Namyang Police Station Eth of the Namyang-gu Police Station, which was called out after receiving 112 report while taking a bath to employees, etc.

2. On April 28, 2018, the Defendant was arrested as a flagrant offender for committing the crimes described in paragraph (1) with respect to the police officer’s duty of patrol force and the management of a person suspected of committing a flagrant offense, and the Defendant, who voluntarily wants to get out of the earth’s zone, was removed from the E Zone located in Chungcheongnam-si, Namyang-si, Namyang-si, on April 28, 2018, and the Defendant, who arbitrarily wanted to get out of the earth’s zone, was boomed one time at the time with the Habbbbbbbs of the police officer, and obstructed the police officer’s duty as well as his duty as to the management of a person suspected of committing a flagrant offense on one occasion by carrying out a part of the Habbbbbbbs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. Application of the laws and regulations of I and J

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. Application of the sentencing criteria;

A. Each disposition of interference with the execution of official duties [the types of decisions] Crimes obstructing the performance of official duties, obstructing the performance of official duties, and Type 1 (Interference with and Compelling of Duties) [the scope of recommending punishment] Imprisonment with prison labor for six months to one year and six months (basic areas): Imprisonment with prison labor for six months from June to two years; a half year and six months from the upper limit of the sentence scope of basic crimes; and a half year and six months from the upper limit of the sentence scope shall be added to nine months.

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