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(영문) 의정부지방법원 2016.12.23 2016고단4398
공무집행방해
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

At around 09:10 on September 12, 2016, the Defendant, at the “E” restaurant located in Gyeonggi-gun D, e.g., the Defendant: (a) fashed a fash under the influence of alcohol; (b) requested the Defendant to produce the Defendant’s identification card; and (c) obstructed the face of the said G one time, fabbbbling with fabbbbs, fabs, etc., facing the fash that he called the said restaurant with the said restaurant’s 112 report.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the handling of 112 reports by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A H statement;

1. Investigation reports (where such reports are received), etc.;

1. Application of each statute on photographs of damage;

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 the sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] No person who has no basic sphere of obstruction of performance of official duties (6 to 1 year and 4 months) [decision of sentence] The Defendant has a lot of history of having already been punished for violent crimes, and the degree of assault against the victimized police officer in the instant crime is not somewhat weak in light of the fact that the degree of assault against the victimized police officer in the instant crime, and that there is a need for a light of the public power, it is necessary to strictly punish the Defendant.

However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant did not have any record of punishment for the same kind of crime; (c) deposited KRW 1 million for the victimized police officer; and (d) the Defendant’s age, character and conduct; (b) the developments and motive leading to the instant crime; and (c) the circumstances before and after the instant crime, etc., which are conditions for sentencing as shown in the records and arguments

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