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(영문) 의정부지방법원 2016.12.09 2016고단3782
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On August 19, 2016, at around 08:20, the Defendant destroyed the property damage at the main point of “D” operated by the Victim C, a Government-si, and at the same time, he did not calculate the drinking value after drinking alcohol, and requested the victim to pay it, while making a request, the Defendant destroyed the property damage by putting one of the unexploded portion of the amount owned by the victim in front of the main point of view, which was located in front of the main point of view.

2. On August 19, 2016, the Defendant assaulted the scene indicated in paragraph (1) at around 08:25 on August 19, 2016, the Defendant received 112 reporting that he would avoid disturbance, such as paragraph (1), and received measures from F so that he/she would keep the victim away from the victim, in his/her hand, he/she was able to take measures so that he/she could take away from the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Investigation reports (on-site rents and statements made by victims), investigation reports (to peruse CCTV insideD);

1. Application of the Acts and subordinate statutes to the police officer F's photograph, main door, etc.;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of crimes No. 1 (Obstruction of Performance of Official Duties) according to the sentencing guidelines, and the scope of final sentence due to the aggravation of punishment by multiple penal offenders who have no basic area (6-1-4 months), basic area (6-1-6 months), [the scope of recommending punishment] [the scope of punishment] the mitigation area (1-6 months), the mitigation area (1-6 months), the mitigation area (1-6 months), the mitigation area (1-6 months), the mitigation area (1-6 months), the mitigation area of punishment by the aggravation of punishment by multiple penal offenders who have failed to impose punishment: 6-17 months;

2. The defendant who has received a report shall assault the police officer in order to interfere with his legitimate execution of duties;

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