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(영문) 의정부지방법원 2016.03.31 2016고단194
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 00:30 on December 10, 2015, the Defendant: (a) performed the alcohol at the D cafeteria located in Ku-si, the Government-si; (b) carried the alcohol at the D cafeteria without paying the drinking value after drinking it; and (c) carried the alcohol value from the victim E, a police officer belonging to the police officer belonging to the Ku-gu Police Station patrol Team, who called the Gu-gu, Police Station; and (d) went home to the outside of the above D cafeteria; (b) took the victim’s flab while taking the bath “p and this Chewing flab,” and carried the victim’s flabbbbing with his body, provokinged it, and prevented the police officer from carrying out his duties by assaulting the victim’s flabing his hand on one occasion with a smartphone, and obstructing the police officer’s legitimate prevention and investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement and an investigation report;

1. An investigation report (in cases of attaching photographs by CDs and caps with smartphone storage at the police tide session);

1. Application of the investigative report (the analysis of suspect A smartphone images) Acts and subordinate statutes;

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. The reason for the sentencing of Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor in the mitigated area (i.e., one type (i., interference with the performance of official duties and coercion of duties) [i.e., January- August] [a person subject to special mitigation] (i.e., a decision of sentence] for April of imprisonment; (ii) one year under the suspension of execution was sentenced to a fine on several occasions due to the obstruction of duties and damage to property; and (iii) in particular, a crime related to interference with the performance of official duties is a crime detrimental to the State’s function by nullifying the legitimate exercise of public authority, so it is necessary to impose severe punishment in order to establish

However, under the influence of alcohol, the defendant committed the crime of this case, the defendant led to a confession of the crime of this case, repents his mistake, and interferes with the execution of official duties such as assault.

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