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(영문) 의정부지방법원 2017.07.13 2017고단1132
공무집행방해등
Text

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

Reasons

Punishment of the crime

1. On January 28, 2017, around 12:55, the Defendant damaged the entrance by allowing the victim to walk the door door to be cut off in order to forced opening the door door of the locking business place, while the Defendant and cash was disputed with the victim, such as the victim D was under the influence of alcohol in the E business operated by the victim D, the victim D, and 112 reports.

2. When the Defendant, at the time, at the time, at the place specified in paragraph 1, arrested a flagrant offender with the charge of causing damage to the above property, the Defendant obstructed the police officer’s legitimate performance of duties concerning the arrest of flagrant offenders by taking a bath, such as “I sprinke, spacker, and spacker not to do so.”

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Each statement of D and H;

1. Two copies of a photograph damaged by a police officer;

1. Application of three-way entrance photographs to the Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. In light of various circumstances, such as the circumstance leading to the crime committed by the court according to the evidence duly adopted and investigated by the court, the method and method of the crime, and the Defendant’s behavior before and after the crime, the determination of the Defendant’s mental disorder as to the Defendant’s mental disorder under the former part of Article 37, Article 38(1)2, and Article 50 of the Aggravated Punishment Act, it is not deemed that the Defendant was under the influence of alcohol at the time of the crime, and thus, did not have or lacks the ability to discern things or make decisions.

Reasons for sentencing

1. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) interference with the execution of official duties (a) shall interfere with the execution of official duties;

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