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(영문) 의정부지방법원 2017.05.11 2017고단143
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 December 22, 2016, around 22:45, the Defendant: (a) conducted fighting with B in front of smart 35, a 28-ro, Namyang-si, Namyang-si, a 35-lane, and received a report of 112, and sent to the Defendant, the Defendant: (b) asked the victim D, a police officer affiliated with C District Unit of the Police Station C District, to arrest the Defendant as a current offender; and (c) asked the victim, as soon as possible, whether the victim’s right side is buckbucks, and asked the victim, at the right side, to the right side which requires treatment for about two weeks.

Accordingly, the Defendant interfered with the handling of the 112 reported case by the police officer and the lawful execution of duties concerning the arrest of flagrant offenders, and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs of the victim;

1. 112 Notification to a department related to the report of the case;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment against which the punishment is determined as more severe injury);

1. Selection of imprisonment with prison labor chosen;

1. Class 1 (Special Aggravation for Sentencing) of Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution: In the case of interference with the execution of official duties, the basic area [the scope of recommendations]: the criteria for suspension of the execution of theO in April - 1st and June / [the main reasons for affirmative consideration] in the case of interference with the execution of official duties; there is no minor injury or criminal punishment;

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