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(영문) 의정부지방법원 2018.05.10 2018고단527
공무집행방해
Text

A defendant shall be punished by imprisonment for 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

On December 16, 2017, the Defendant: (a) on the front way of the “C cafeteria” located in the Gu-si B around 23:15 on December 16, 2017; (b) on the front day of the “C cafeteria”; (c) while the police officers affiliated with the Gu-gu Police Station D Doc Group, who received 112 reports and heard the statements of the persons involved in the traffic accident, the Defendant called “the police officer’s Chewing sark, sark, and

“The face of the police officer at one time with the floor of the hand.”

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties of police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of CCTV image photograph Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines: From six months to one year and six months [the scope of the recommended punishment], the basic area (from six months to one year and six months) (no person subject to special sentencing) of the category 1 (Interference with Execution of Official Duties and Forced Performance of Duties) shall interfere with the performance of official duties.

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, six months of imprisonment, one year of suspended sentence, and other conditions of sentencing.

The circumstances that are more favorable: The confession of the crime of this case and the first crime;

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