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(영문) 의정부지방법원 고양지원 2018.06.28 2018고단973
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

On April 10, 2018, the Defendant confirmed whether a person suspected of driving alcohol is drinking alcohol at a parking lot located in B in the Gyeonggi-si, Gyeonggi-do, the Gyeonggi-gu, the Gyeonggi-gu, the Gyeonggi-gu, the Seoul District Police Station Callle of the Gyeonggi-gu, which was called upon by the Defendant after receiving a report from the Defendant 112 who was suspected of driving alcohol, was drinking alcohol-free, but the drinking was not reduced, but the Defendant did not properly measure the drinking alcohol.

h. A person who makes a report at home. He/she works at anywhere four, p.m., g., g.,” and after doing a bath, “to conduct a direct drinking test at home.”

"" and "A person who committed an assault, such as plucking, plucking, and plucking, plucking, etc. of the above D's left hand and his body, while the person was trying to deprive him of the influence of alcohol held by the above D.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of D;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes to the investigation report;

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. Taking account of the following facts: (a) the Defendant was fined for a crime of insult against a police officer for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution; and (b) the Defendant was committed in this case (the Defendant was issued a summary order of KRW 1 million from the Jung-gu District Court Goyang Branch Branch Branch, even if he was a soldier on active duty at the time, and the instant crime was committed as a soldier on active duty); (c) the circumstances leading up to the first report to the police are difficult to understand; and (d) there is a need to strictly punish the police officer for the crime of neglecting the performance of official duties who was committed to a police officer carrying out his official duties in a lawful manner; (b) the circumstances after the crime was committed; and (c) the result

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