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(영문) 의정부지방법원 2014.11.26 2014고단2576
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 22, 2014, around 00:45, the Defendant: (a) at the entrance of the Open Bridge located in 168 on the street, at the time of the Government-ro 168, the Defendant reported that the Defendant was under the influence of alcohol and demanded the Defendant to have a slope C, a police officer belonging to the Jung-gu Police Station B Zone B, a police officer called out after having received a 112 report that the Defendant was under the influence of alcohol, she expressed his/her desire to the police officer; and (b) made an assault against the police officer by displaying the police officer’s face to the face of the police officer; and (c) making an assault against the police officer, thereby obstructing the legitimate performance of duties concerning the maintenance of police order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Application of statutes on photographs of damage;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The scope of sentence compared with the punishment of the punishment of the body that has no basic area (6-1-4 months and month) (6-1-4 months): Imprisonment with prison labor for six months to one year (6-1-4 months), suspension of execution, two years of community service, and 80 hours disadvantageous to the defendant on the road under the influence of alcohol: obstruction of performance of official duties for police officers who have returned to the defendant on the road under the influence of alcohol. A favorable normal circumstance: there is no reflect on their mistake, nor criminal records beyond the suspension of execution. It is so decided as per Disposition for the above reasons.

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