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(영문) 의정부지방법원 고양지원 2018.01.09 2017고단2518
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 June 28, 2017, the Defendant 00:05 around 00:05, in front of Seoyang-gu C, Seoyang-gu, and “si drivers and men wrap.”

“Absent to ask questions to the circumstances of the instant case from a slope E belonging to the senior police station of the Goyangyang Police Station, upon receipt of a report 112, “Absent d., d.,” and “absent d., h.,” and “absent d., h., h.,” and “absent h., h., h., h., h., h., h., h., h., h., h., h., h.

The defendant continued to leave the police officer F of the senior police station D police box belonging to the senior police station, "I ambling the police officer, ambling him, and the death of him."

"A threat," and the police box belonging to the Goyang Police Station D, who had been engaged in the support service, threatened E with the threat that "I "I, flag, dead, dead, flag, h.," and "I flaged E by hand with the upper chest part of E by hand.

Accordingly, the Defendant, who is a police official, assaulted and threatened E, F, G, H, and I to interfere with legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E;

1. G statements;

1. Application of the Acts and subordinate statutes on mobile phone screen CDs, voice reporting, and CCTV for crime prevention;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance, such as the following: (a) the crime of this case was committed by a police officer who was dispatched to the scene after receiving a report and obsing him and obstructing the performance of official duties by a police officer; and (b) the nature of the crime is not somewhat weak in light of its circumstances, attitudes, and degree; and (c) the fact that there is a serious

However, the defendant has no criminal record of suspended execution or more, and the age, sex, family relation, family environment, motive and means of crime, and after the crime is committed.

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