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(영문) 의정부지방법원 고양지원 2018.11.01 2018고단2024
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants, it is between one year from the date of the final judgment of this case.

Reasons

Punishment of the crime

피고인들은 2018. 7. 2. 23:00 경 고양 시 일산 서구 가좌 1로 38에 있는 가좌마을 305 동 경비 초소 앞길에서, 다른 사람으로부터 맞았다는 112 신고를 받고 출동한 경기 일산 서부 경찰서 D 파출소 소속 경위 E, 순경 F으로부터 신분증을 제시할 것을 요구 받자 화가 나, 피고인 B는 “ 내가 뭘 잘못했냐

When "Abrupted the above E's arms several times by hand and arrested a flagrant offender from the above F to interfere with the performance of official duties, he saw the above F's body in his hands, and the defendant A committed assaulting the above F's arms to take the arms on hand to the defendant B.

As a result, the Defendants conspired to interfere with the legitimate execution of duties concerning the handling of reports and criminal investigations by police officers.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to E and F;

1. Application of each Act and subordinate statutes to CDs on-site PDA mobile phone shooting data;

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. The Defendants: Imprisonment with prison labor;

1. The Defendants subject to suspended sentence: The following conditions of sentencing under Article 62(1) of the Criminal Act are determined by comprehensively taking account of the following circumstances: the Defendants’ age, sex, environment, family relation, motive, circumstances, means, results, and the circumstances after the commission of the crime, and all the conditions of sentencing as shown in the trial process.

Defendants recognize crimes and reflect in depth.

Defendant

A has no record of punishment since 2000, and Defendant B has no record of punishment as well as fine twice due to drinking driving.

It seems to be a contingent crime.

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