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(영문) 의정부지방법원 고양지원 2016.05.20 2015고단1405
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 21, 2015, the Defendant: (a) obstructed the performance of official duties; (b) obstructed the performance of official duties by drinking in front of the cel located in Seo-gu, Seo-gu, Busan on May 21, 2015, and frighted on the road by drinking the curging the curging and drinking the vehicles parked on the road; and (c) obstructed the performance of official duties by receiving a report from D police officers of the Japanese Police Station, Busan, and D, “this ring, internal surging,” from the police officers of the same police station, dispatched after receiving the report.

“In doing so, she was frightened twice by pushing the part of her chest with the shoulder, frighting her face, and frightened D by getting off the face of D to avoid this.

Accordingly, the defendant assaulted police officers D and interfered with legitimate performance of official duties such as handling police reports.

2. In the above time and place, the Defendant abused the victim D, a police official preventing the Defendant’s disturbance, on the grounds that “I see how I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am am, I am am, I am, I am, I am.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

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

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

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

2. Application of the sentencing criteria (referring to a violation of the execution of public duties on which the sentencing criteria are set);

(a) Determination of types: Crimes impeding the performance of public duties, interference with the performance of public duties, and Type 1 (Interference with the performance of public duties);

B. There is no special sentencing factor:

(c)the scope of recommendations: the basic territory;

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