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(영문) 의정부지방법원 2015.06.16 2015고단919
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[2015 Height919] Around 05:50 on March 17, 2015, the Defendant assaulted F, on the top of the hand-on hand, the Defendant, who was asked F, who was asked by F, a policeman affiliated with the E-gu Police Station of the House E-gu Police Station of the Republic of Korea, about the unsatisfing of the cab on the front of the D Hospital located in the Gu-Si of the Gu-Si of the Gu-Si of the Gu-Si of the Gu-Si of the Gu-Si of the Gu-Si of the Gu-Si of the 112 report that the unsatisfing of the cab, and who was asked by F, about the unsatisfing of the cab.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

[2015 Highest 1301] On March 16, 2015, the Defendant: (a) took a bath to drink in the Ipin house operated by the victim H of the victim H in Yongsan-gu, Busan Metropolitan City on March 16, 2015; (b) without any justifiable reason, attempted to drink back to the next customer; and (c) obstructed the victim’s restaurant operation by force by avoiding a small amount of disturbance for about two hours.

Summary of Evidence

[2015 Height919]

1. Defendant's legal statement;

1. The police statement concerning F;

1. Part of the photograph of the victim;

1. Investigation report (or a relative telephone of a police officer called out);

1. Investigation report (the J currency of a taxi driver);

1. Defendant's legal statement;

1. Application of the police statement law to H

1. Relevant Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

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

1. Reasons for the sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of obstruction of performance of official duties (decision of sentence] [decision of sentence] 8 months of imprisonment, and circumstances unfavorable to the suspension of execution : three times of violent crimes; it has the record of being punished three times of punishment as violent crimes; and it has been investigated and released by the Japanese Police Station as the crime of obstruction of performance of official duties.

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