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(영문) 의정부지방법원 2018.05.16 2018고단546
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On February 2, 2018, at the C convenience store located in Namyang-si, Namyang-si, 01:00, the Defendant: (a) was under the influence of alcohol; (b) was under the influence of alcohol to the employees; and (c) was under the influence of a disturbance, such as paying for trial expenses; (c) was required to leave the police box E, the police officer of the Namyang-si Police Station, who was called to the site upon receipt of a report 112, to leave the site; and (d) “this frib frib frib frib frib

“In the end,” the horse E was able to take the Defendant’s left part, and the horse E was tightly pushed up two shoulders of the horse E with the Defendant’s left part.

Accordingly, the defendant assaulted E and interfered with legitimate execution of official duties for handling 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the F Statements;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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

2. Application of the sentencing criteria [type determination] Crimes obstructing the performance of public duties, interference with the performance of public duties, and Type 1 (Interference with and Forced Performance of Duties) (Scope of recommended punishment] shall be punished by imprisonment with labor for up to six months from June to one year and six months (basic sphere);

3. Determination of sentence: Imprisonment shall be selected in consideration of the fact that there is a need to strictly punish a crime obstructing the performance of official duties in order to establish the legal order of the State for eight months of imprisonment, a stay of execution of two years, and to eradicate the light of public authority, and that the defendant has a number of violent crimes, including a stay of execution of imprisonment, and

However, after 2013, the sentencing guidelines and the defendant's age, sex behavior, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for sentencing as shown in the arguments of this case, such as the following circumstances, shall be determined as ordered in full view of the facts that the defendant was led to confession, and since 2013.

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