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(영문) 의정부지방법원 고양지원 2015.01.29 2014고단2087
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

On July 1, 2014, around 02:15, the Defendant: (a) reported the fact that there is a dispute between the father and the father, and (b) confirmed the details of the report by the police officer F (the slope belonging to the Goyang Police Station G District) dispatched to H (the father of the Defendant) at the office of the Defendant in Goyang-gu, Seoyang-gu, Seoyang-gu, Yangyang-gu, 217 Dong 1301; (c) on July 1, 2014, the Defendant expressed to F the desire that “I have come to come to governance,” and carried the F’s shoulder part by hand, and destroyed F’s shoulder.

As a result, the Defendant interfered with the police officer's legitimate performance of duties on handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes to the police statement concerning F;

1. Relevant legal provisions concerning facts constituting an offense, and Article 136 (1) of the Criminal Act concerning the option of imprisonment;

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

3. The act of obstructing the performance of official duties by using violence to police officers performing their duties to ensure the safety of citizens and maintain social order on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an element of sentencing disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the facts charged in the instant case and is against depth, the fact that the defendant is deemed to have committed a contingent crime by drunk, the fact that the defendant has no record of crime, and the fact that the defendant is aged is an element of sentencing favorable to the defendant.

Furthermore, the sentencing guidelines as shown in the arguments, such as the character, character and environment of the defendant, were taken into consideration, and also referenced to the sentencing guidelines for obstruction of performance of official duties.

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