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(영문) 의정부지방법원 2015.09.11 2015고단2258
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On May 2, 2014, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at a district district court, and completed the execution of the sentence in a governmental prison on August 5, 2014.

【Criminal Facts】

At around 16:50 on June 17, 2015, the Defendant, upon receiving a report from a person who was on the top of the "D Zone Unit of the House of the Government Police Station" located in the Gu Office C, the Defendant arrived at the front of G apartment 103, when he was on board the patrol vehicle with the police officer, who was a police officer belonging to the D Zone Unit E and F, who was on the part of the Defendant’s residence and on the part of the government, who was on the patrol vehicle and on the part of the Defendant.

At around 17:15 of the above apartment 103 day, the Defendant, without any justifiable reason, assaulted the police officer E who shot in her country, by “I am this dog, I am sweet, I am sweet, I am sweet, I am sweet, I am sweet at once, and am sweet the E’s left face, with both hand sweet, with the right hand, and sweet the E’s sweet.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protective measures of the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. A written statement;

1. Photographs of a damaged police officer;

1. Records before and after judgments: Application of criminal records, inquiry reports (reports on criminal records and attachment of summary orders, results of confinement of prisoners), and statutes;

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

1. Reasons for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] There is no basic area (6-1 year and 4 months) of the obstruction of performance of official duties (the decision of sentence): Imprisonment with prison labor and six months disadvantageous to a police officer who performs legitimate duties; violence has been committed against the police officer who performs legitimate duties; the crime of this case has been committed during the period of repeated crimes; and the record of crime related to violence has been committed.

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