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(영문) 의정부지방법원 2015.04.10 2014고단3395
공무집행방해등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A around 15:30 on July 4, 2014, around 15:30, while having received a report to E, the principal restaurant, who was sent to the site after having received a public bath and resistance from the Speaker’s “D restaurant” located in C, the police box belonging to the Speaker’s Police Station dispatched to the site, and the Defendant was boomed with the defective body of G in order for G to arrest him as a flagrant offender in the crime of obstruction of performance of official duties.

Accordingly, the Defendants conspired and interfered with the police officer's 112 report dispatch service and the lawful execution of official duties concerning the arrest of flagrant offender.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Application of the respective Acts and subordinate statutes of E and H;

1. Relevant Articles 136(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

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

1. Defendant A of the community service order: A of the reasons for sentencing under Article 62-2 of the Criminal Act: (a) under the unfavorable circumstances such as Defendant A [the scope of recommendations]’s age, character and environment, the process and motive leading up to the instant crime, the circumstances before and after the instant crime, and other various circumstances, which form the conditions for sentencing as shown in the records and arguments, such as the following: (b) imprisonment with prison labor for six months; (c) suspension of execution for one year; (d) community service; (e) the Defendant assaults a police officer who is lawful in performing public duties for 40 hours; (e) the Defendant was sentenced to a fine for past violent crimes; and (e) the Defendant is dissatising and dissatising with his mistake; and (e) the Defendant has no criminal record beyond a suspended sentence. It is decided as per Disposition by the assent of all participating Justices.

Defendant

B [Scope of Recommendation] The degree of violence is minor in the area of mitigation (one month to eight months) (special mitigation) of the scope of obstruction of performance of official duties.

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