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(영문) 의정부지방법원 2015.10.28 2015고단3791
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 23:50 on October 2, 2015, the Defendant: (a) expressed an identification card from the head E and the head of the Gu government police station D District Police Station affiliated with the Gu Police Station, which the Defendant called up with a taxi without paying the taxi fee, and requested the Defendant to pay the taxi fee, and (b) assaulted the Defendant to “the Korean police officers to pay the taxi fee...... Co., Ltd.............., the Defendant intending to see the e-mail back and rear the e-mail, and to see the e-mail back and rear the e-mail.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Performance of Official Duties (Article 62(1) of the Act on the Suspension of Execution of Official Duties (Article 62(1) of the same Act on the grounds that there is no basic area (Article 6-1 and 4 months) [Article 6-1] [Pronouncement Decision] [Article 6-1] (Article 8(1) of the Act on the Suspension of Execution of Execution, six months of imprisonment with prison labor, and one year of suspended sentence: The defendant assaulted a police officer who was dispatched upon receiving a report under the influence of alcohol and obstructed a police officer's legitimate performance of official duties by obstructing him/her; the defendant has a record of violent crime: All of the crimes in this case are recognized by the police officer; the defendant does not have any injury; the defendant's age, character and behavior

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