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(영문) 의정부지방법원 2014.04.16 2013고단4603
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 December 12, 2013, at around 06:33, the Defendant: (a) 06:33, at the front of the C Hospital located in Namyang-si, the Defendant was unable to ask the Defendant about the circumstances of the instant case; (b) on the ground that, at around 06:3, there was no fact that the slope E, who was dispatched to the site after having received a report of assault, did not ask the Defendant for the circumstances of the instant case; (c) the Defendant was on his own boarding the 112 patrols at the 112 patrols, and was in the D police box located in the F in the Namyang-si, Namyang-si, Namyang-si, the Defendant was unable to avoid disturbance for about one hour for the police officers located in the above E, etc., by taking advantage of spiting down the spaws on the floor of the police box, and cutting off the spaws on several pagess.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a prosecution investigation report (CCTV attachment and confirmation report);

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. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Determination of Punishment] Obstruction of Performance of Official Duties - Where the degree of assault and intimidation is minor, [Determination of the recommended area] mitigated area / [Determination of the recommended area ] the scope of sentence / [Judgment of the recommended area ] January or August / [Scope of imprisonment ] 1 to 5 years / Where the positive reason is minor : In a case where the degree of assault and intimidation is minor - the positive reason for general reference is minor - the positive reason for general reference - the case where the degree of assault and intimidation is minor : the serious reflect [decision of sentence ] 6 months, probation 2 years, probation, probation, and 80 hours community service defendant has been punished twice or more for the same offense, but the crime of this case is committed, and the defendant interfered with the performance of official duties of public officials over one hour, etc

However, the defendant has a depth of his mistake, and the defendant is the defendant.

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