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(영문) 의정부지방법원 2018.07.18 2018고단1857
공무집행방해
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 15:01 on April 1, 2018, the Defendant lent money to Gomoon B on the road in front of the YYYYYYYYYYYYYYYYYYYYYYY 188, the 15:01, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, and the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, and the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, and the Republic of Korea, the Republic of Korea, the Republic of Korea, and the Republic of Korea, the Republic of Korea, the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to D and B;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense, Article 136 (1) of the Criminal Act of the choice of punishment, and imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended punishment according to the sentencing guidelines for the Supreme Court] The basic area (from June to January 6) of the first category (Interference with the performance of official duties and coercion of duties) of the crime interfering with the performance of official duties [the decision of sentencing] of the crime obstructing the performance of official duties is a crime that is not a good crime in that it makes it difficult for the public authority, which is the basis of the rule of law, to properly exercise public authority and damages therefrom, return to many citizens.

In light of the defendant's attitude of committing the crime, the case is less severe.

shall not be deemed to exist.

However, it cannot be considered in light of the favorable circumstances that the Defendant, who has no criminal record, seems to have repented in depth of his mistake, found the victimized police officer, and submitted a document confirming such fact to the police officer, and that the degree of interference with the performance of official duties caused by the Defendant’s act seems to be relatively insignificant.

The motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, and the age of the defendant.

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