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(영문) 의정부지방법원 2016.04.15 2015고단3905
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 6, 2015, the Defendant was urged to pay the drinking value and return home from the police officer F, who was called up after receiving a report from 112, who was at issue of the proprietor and the drinking value of the said proprietor, at around 23:40, the Defendant: (a) expressed to the police officer, “Iskcheon Police Station, Iskhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

As a result, the Defendant interfered with police officers' legitimate performance of duties concerning the handling of 112 reported cases, and at the same time, the Defendant damaged the victim G with the crypity that requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G and H;

1. Each report on investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes to damaged photographs and CCTV image data;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where he/she interferes with the performance of public duties in the increased area (six months to two years) (referring to a special aggravated person) of Category 1 (General Bodily Injury) on the basis of the sentencing guidelines;

2. The crime of this case committed by the Defendant upon receiving a report is likely to cause an assault to police officers, interfere with their legitimate performance of duties, and at the same time cause the result of the bodily injury. As such, it is sufficient to strictly punish the Defendant in light of the following: (a) the victim’s face was exposed to the crime of this case; and (b) there was a risk of causing serious injury to the victim.

However, the defendant recognizes all of the crimes of this case.

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