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(영문) 의정부지방법원 2015.05.19 2014고단4869
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 04:04 on December 13, 2014, the Defendant: “On the road in the Southern-si B, Namyang-si, the Defendant: (a) received a general report of taxi drivers D; and (b) committed assault against the Defendant, who was a slope F of the Hawyang Police Station Ecom box affiliated with the Defendant, who was on the head of the Don Police Station, called the Defendant at the above Don-si of the Don-si, and called the Defendant at the Donyang-si, the Defendant: (c) expressed to F, “I am to sweak, swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement given by the police to F;

1. Application of the respective Acts and subordinate statutes in the preparation of D, G and H;

1. Article 136(1) of the Criminal Act applicable to the relevant criminal facts and Article 136(1) of the choice of punishment (or choice of imprisonment, in consideration of the fact that a police officer committed the instant crime even though he/she had the record of being punished by a fine for insulting a police officer in 2013

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) of the Basic Field (6-1 year and April) of the Performance of Official Duties (Special Sentencing) (Pronouncement Decision] 6 months of imprisonment, and 2 years of suspended execution;

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