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(영문) 의정부지방법원 2014.07.16 2014고단1713
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Power】 On October 18, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Toxic Chemicals Control Act at the Jung-gu District Court on the grounds of the violation of the Toxic Chemicals Control Act, and completed the execution of the sentence on September 16, 2013.

【Criminal Facts】

1. Around 18:00 on February 28, 2014, the Defendant discovered the victim C (at 61,59 years of age) who was going on the way in front of the 61,000 Incheon Middle School, using his own city, and took a bath without any reason, and assaulted the victim, such as sprinking the victim’s face, sprinking him/her sprinking him/her, and sprinking him/her with sprinking him/her’ face, and making it possible for him/her to take back the victim’s face.

2. On February 28, 2014, at around 18:25, the Defendant: (a) was arrested by police officers belonging to the House D District of the Gu Government Police Station, who received a report of 112 on the same ground as indicated in paragraph (1), and was arrested as a flagrant offender; and (b) went to the zone D District of the Gu Government Police Station as the police officer belonging to the above House D District of the Gu Government Police Station, who asked the police officer for the case in the patrol vehicle, was on the face and bridge of E, a police officer, who is a police officer belonging to the D Zone D District of the above Gu Police Station

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Photographs;

1. Previous records: Inquiry reports and reports attached to the current status of personal identifications of each prosecutor's office, and application of Acts and subordinate statutes of investigation reports (Attachment to judgment);

1. Relevant Articles 260(1) and 136(1) of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, crimes of category 1 [decision on the obstruction of performance of official duties] of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [limited to the extent of adding up the long-term punishment of each of the crimes above] and crimes of category 1 [decision on the obstruction of performance of official duties] of the obstruction of performance of official duties (decision on the obstruction of performance of official duties] of the basic area [the scope of recommendation] [the scope of punishment] from June to 1 year / 4 months [the scope of punishment] from January to 10 years [the decision on the suspension of repeated crimes] of category 1 (general assault).

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