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(영문) 의정부지방법원 2018.11.23 2018고단4493
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On October 4, 2018, the Defendant, at around 19:10 on 19:10 on 19:10 on 2018, has been in dispute with the husband’s external affairs in the near old age of the Taedong Middle School located 66-13, 1416, which was 66-13, as the husband’s external affairs.

“A police officer, who received a report of 112, did not walked properly due to alcohol by the police officer C at the patrol vehicle, sent the face of the police officer at one time without any particular reason, on the part of the police officer at the patrol vehicle.

As above, the Defendant, by assaulting a police officer, interfered with the police officer’s performance of duties concerning the protection of the lives, bodies, and property of the people.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs, such as damaged parts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment according to the sentencing guidelines of the Supreme Court] The basic area (fe.g., interference with the performance of official duties and coercion of duties) (fe., June-1 to June) of the first type (f.g., interference with the performance of official duties) [f.g., the determination of sentence] a crime interfering with the performance of official duties is a crime that is not good quality in that it makes it difficult for the public authority, which serves as the foundation of the rule of law,

When the defendant gives a bath to a victimized police officer who is performing official duties, he/she is off her face with an inner face used by the victimized police officer, and his/her sirens omitted, and she slicks a minor eye on the eyebrow.

In light of the type and degree of force used by the defendant, the quality of crime is not good.

However, it shall be considered in favor of the fact that the defendant has committed a crime with the influence of alcohol, and that the defendant has been suffering from violence only once, and that there has been no record of criminal punishment until now.

The motive and motive of the crime, including the above circumstances.

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