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(영문) 의정부지방법원 2015.10.30 2014고단4309
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 00:40 on September 25, 2014, the Defendant received a report from the Government-Si, “D,” the main points of “D,” and received a report from the head F of the Gyeonggi Government Police Station Edistrict belonging to the Gyeonggi Government Police Station Edistrict, who called “I would like to see, for any reason, whether I would like to see, for any reason, whether I would like to threaten people, or not I would like to see, his/her shoulder by hand.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. The defendant's legal statement (in the seventh day, on the date);

1. Each legal statement of witness G and F;

1. Application of field photographs, ctv images and Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Reasons for the sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] There is no person who has a basic sphere of obstruction of performance of official duties (six to one year and four months), [decision of sentence] Imprisonment with prison labor for six months, suspension of execution one year, conditions unfavorable to probation: Defendant assaulting a police officer who was dispatched upon receiving a report under the influence of alcohol and obstructing a police officer’s legitimate performance of official duties: All of the crimes of this case are recognized by the Defendant at the latest: (a) there is no risk of injury by the police officer; (b) there is no record of the same crime; (c) the Defendant’s age, character and behavior, intelligence and environment; (d) motive, means and consequence of the crime; and (e) other factors of sentencing as stipulated in each subparagraph of Article 51 of the Criminal Act, such as the circumstances after the crime. It is so decided as per Disposition on the grounds above.

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