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(영문) 의정부지방법원 고양지원 2014.12.18 2014고단823
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On April 8, 2014, around 00:30, the Defendant: (a) reported that the first executive D was arrested as a flagrant offender of an assault against E on April 8, 2014; (b) attempted to get the police officer to get off D on the patrol vehicle, and (c) attempted to get off the Defendant’s arms, and (d) the police officer F (the police officer belonging to the Gyeonggi-do Police Station G District) took off the Defendant’s arms; and (b) interfered with the legitimate execution of police officers’ official duties by using assaulting the F’s name, body, etc. with his hand.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes to the police statement concerning F;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting the crime;

2. The act of using violence against police officers performing their duties to ensure the safety of citizens and maintain social order on the grounds of sentencing under Article 62(1) of the Criminal Act is an element of sentencing unfavorable to the defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognizes the facts charged in the instant case and reflects the fact that there are parts to be considered in the motive of the instant crime, and that there is no record of crime with regard to

Furthermore, the sentencing guidelines as shown in the arguments, such as the Defendant’s age, character and behavior, and environment, were taken into consideration, and the sentencing guidelines for obstruction of performance of official duties, prepared by the Sentencing Committee

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