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(영문) 의정부지방법원 2016.03.23 2015고단4519
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 17, 2015, the Defendant: (a) was frightened by the Defendant, on September 17, 2015, at the time of 02:00, to ask questions about the personal information and the circumstances of the instant case from D, a policeman belonging to the 112 police station of the Gu Government Police Station, who was dispatched upon receipt of a report, on September 17, 2015, who was frightened by the Defendant against the athletes who passed at the front of the central branch of the Government Bank of Korea, 39.

The laws of the Republic of Korea are the laws of the Republic of Korea

V. L. H. H. H. H. H. H. L. L. L. H. H. L. H. L.W.

At the time of drinking a part of the face to E, who is faced with C District E.

B. A police officer D's less part of the lower part of D's knife, knife knife knife knife knife knife knife knife knife kn

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Defendant’s legal statement

1. Each police statement made to F, G, D, and E;

1. Victims E or D photographs;

1. 112 Application of the Act and subordinate statutes to the 112 Report Processing List and Investigation Report (Woo Had Call Statement);

1. Article 136 (1) of the Criminal Act in relation to the facts of the relevant crime;

1. Articles 40 and 50 of the Commercial Act (see Supreme Court Decision 2009Do3505, Jun. 25, 2009)

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Standard for Sentencing (Reference to Sentencing) [Scope of Sentencing] Basic Field (Interference with and Forced Performance of Official Duties) (from June to one year and four months) (no person subject to special sentencing) shall interfere with the performance of official duties;

2. In order to establish a state law and order for sentencing grounds and eradicate the light of the public authority, it is necessary to strictly punish crimes against public authority, such as interference with the performance of official duties.

Moreover, in light of the fact that the Defendant committed the instant crime even if he/she had been punished for the same kind of crime on two occasions (2006, 2013), even though he/she committed the instant crime.

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