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(영문) 의정부지방법원 2018.05.10 2017고단5631
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 11, 2017, the Defendant interfered with the performance of official duties: (a) 16:25 on October 16, 2017, “A man who is going on the way by a male in front of Seocheon-si C”; (b) on the ground that the police officers E belonging to the D District Police Station of the Gyeonggi-do Seocheon-si Police Station called out after receiving a 112 report, shoulder the Defendant; and (c) the Defendant prevented the Defendant from suffering from exposure to work, and (d) on the ground that the Defendant was forced to do so.

“Chewing sings shall ask the name of the person in question.”

"Blothing of the victim, etc." and breathing the victim's breath by breath and flading the victim's shoulder.

Accordingly, the defendant assaulted police officers on duty and interfered with their legitimate execution of duties.

2. On October 21, 2017, the Defendant entered a G convenience store located in F at the time of the Government of 16:15 on October 21, 2017, and used a cre in which the surveillance of the victim is neglected, and displayed in the cooling house.

1,300 won of small 1,100 won of small 1,100 won and stolen kimchi 1 franchi in the city.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement (the Defendant alleged that there was no interference with the performance of official duties and assault related thereto, but the facts charged are acknowledged according to the consistent statement of the victimized police officer, witness’s statement, circumstances at the time of the instant case, etc.)

1. Application of the H’s written statement and the Act and subordinate statutes concerning investigation reports;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties, the choice of imprisonment), and Article 329 (1) of the Criminal Act (the intention of Section 1 and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentence like the order shall be determined by taking into account the following circumstances under Article 62(1) of the Criminal Act (the following favorable circumstances) and other conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.

Unfavorable circumstances: The defendant led to some of the crimes that are favorable to the fact that there are many criminal records including criminal records of the same kind (thief):

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