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(영문) 의정부지방법원 고양지원 2017.04.27 2017고단364
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 January 14, 2017, the Defendant: (a) entered the Seo-gu, Seosan, Seo-gu, Busan, D District District; (b) opened a district unit while under the influence of alcohol, and (c) opened a city unit without any justifiable reason to the police officers, and (d) opened a police officer to go out of the district unit to re-enter into the district unit; and (b) controlled the E (31) belonging to the D District Unit, Seo-gu, Busan, Seo-gu, Police Station D (31).

”라고 욕설을 하면서 위 경찰관의 오른쪽 정강이를 발로 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to investigation reports (CCTV investigation and the change of victims);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria [Determination of the type] Crimes obstructing the performance of official duties, obstructing the performance of official duties, Type 1, basic area (from June to January 1) (the person who is subject to special sentencing] (the decision of the recommended sentence], basic area, 6 months of imprisonment to April 1.

3. In order to establish a national law and order and eradicate the light of the public authority, it is necessary to strictly punish crimes against public authority, such as interference with the performance of official duties.

However, the fact that the defendant confessions the crime of this case and is against the truth, there is no previous conviction, and there is no special criminal record except for the punishment of fines twice due to drinking driving, and the defendant's age, sexual conduct, the process and motive leading to the crime of this case, and the circumstances before and after the crime of this case and all the sentencing conditions specified in the records and arguments of this case shall be equally considered and determined the same sentence as the order.

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