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(영문) 의정부지방법원 고양지원 2015.08.28 2015고단873
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 15, 2015, the Defendant: (a) around 21:50 on 21:50, the Defendant: (b) avoided the disturbance of alcohol in the “Ecafeteria operated by D”, which is operated by D in Gyeyang-gu Seoul Metropolitan City, and (c) caused D to go back to the house without any reason, and (d) caused five times the parts of D to his arms.

At around 22:10 on the same day, the Defendant was arrested of a flagrant offender at the “G police box” located in the same Gu F for the said reason, and then sprinked the police officer who asked his personal information to “sprinks, sprinks, and sprinks.” As the police officer assigned to the pertinent police box states that the Defendant “sprinks to sit in the atmosphere,” the Defendant Ha said that the police officer assigned to the pertinent police box “spicks, sprinks,” and said, when the Defendant spacked the left side of H’s seat one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers who were engaged in the maintenance of public order and the protection of a new flagrant offender who was arrested in the police box.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and H;

1. Application of statutes to photographs of victimized police officers;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant, who was arrested as a flagrant offender of assault and assaulted the police officer within the district unit during which the police officer was committed, and obstructed the police officer’s performance of official duties by avoiding disturbance during the time.

It is necessary to impose strict punishment on police officers who conduct legitimate public power and challenge them.

No coloring can be found.

However, it is favorable to the defendant that the assault against the police officer was committed once, and that there is no same criminal power and there is no penalty power exceeding the fine.

The above circumstances and the defendant's age, family relation, motive and background of the crime, details of the crime, and all other conditions of sentencing are considered as the disposition.

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