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(영문) 의정부지방법원 2018.05.03 2018고단581
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 22:37, 2018, the Defendant, in front of the emergency room of the medical center of the medical center of the Gu government, which was located in 142, Jin-si, Maddi, was under the influence of alcohol, and, upon receiving a report from 112, was under the influence of alcohol, the Defendant assaulted once the inside part of the above C, on the ground that C, a police officer of the Gu government police station B police station, who was on the back seat of the patrol kndi, arrived at the hospital, was on the back seat of the patrol kndi, and was on the part of the Defendant.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines: From six months to one year and six months [the scope of the recommended punishment], the basic area (from six months to one year and six months) (no person subject to special sentencing) of the category 1 (Interference with Execution of Official Duties and Forced Performance of Duties) shall interfere with the performance of official duties.

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, six months of imprisonment, one year of suspended sentence, and other conditions of sentencing.

The circumstances that are more favorable: The confession of the crime of this case and the first crime;

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