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(영문) 의정부지방법원 2016.08.30 2016고단2712
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On June 12, 2016, the Defendant, at around 19:08, informed the Defendant’s residence in Namyang-si B, that “I want to spread Cheongdae, and if you want to do so, how I can do so.” He would like to spread Ma and I would like to report 12, who was called 112, and was called Da and I would like to visit the police officer belonging to the C District of the Namyang-si Police Station in receipt of the said report.

The Defendant, upon receiving a request from Police Officer D to present his identification card, she laid on the chest part of the chest of the above D, took a bath, took a bath, and assaulted E due to his head E.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act concerning the 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. Reasons for the sentencing of Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution [Scope of Recommendation] There is no person [a person who is subject to special sentencing] in the basic area (six months to one year and four months) of the type 1 (the obstruction of performance of official duties and the coercion of official duties) [a person who is subject to a sentence] [a] 10 months of imprisonment, the defendant with the same power in total 14 times, and the two years of suspended sentence is a person with the same power in total, and the crime related to obstruction of performance of official duties is a crime detrimental to the State's function by nullifying the legitimate exercise of public power, so a strict punishment is needed to establish the national legal order and eradicate

In particular, the act of obstructing the performance of official duties in this case is not a kind of alcohol but rather a contingency, but rather it is judged that the defendant's violent tendency that has a lot of complaints in society has been expressed.

However, the circumstances favorable to the defendant, such as the confession of the crime of this case and the fact that the defendant seems to repent of his mistake, and the degree of interference with the execution of violence and official duties seems not to be serious.

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