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(영문) 의정부지방법원 2016.06.10 2015고단978
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On March 5, 2015, at around 22:50, the Defendant assaulted the victim, i.e., the victim D (V, 43 years old) who frighted to drinking alcohol with head on the table table, and observed it on a nearby table, after drinking alcohol, and asked him/her whether he/she is fine, without any particular reason.

2. The Defendant interfered with the performance of official duties, at the time and place specified in paragraph 1, and at the time and place specified in paragraph 1, and at the police station E box belonging to the Namyang-ju Police Station E box called out after receiving a report as the facts stated in paragraph 1 of the above above, confirmed the facts of assault by the police officer of the Namyang-ju Police Station E box, who used to take a bath, and committed an assault, such as assaulting knee-knee on one occasion, and obstructing the police officer from performing his legitimate duties in relation to the criminal investigation of the above F.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the part of violence;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of punishment for each crime;

1. The sentencing period of Article 37 (former part of Article 37, Article 38 (1) 2, Article 50 of the Criminal Act, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 1 of the Grounds for the Punishment of Crimes (Obstruction of Execution of Official Duties) [Scope of Recommendation], the basic area (from June to one year and four months), and Article 2 of the Act on the Aggravated Punishment of Concurrent Crimes without any person who has no person who is subject to special sentencing / [the scope of recommendations] the basic area (from February to October) of Article 1 of the Act on the Aggravated Punishment of Crimes [the scope of punishment from February to October] [the final sentence according to the aggravated punishment: Six months to September 1] of the Act on the Aggravated Punishment of Crimes: In the event of the Defendant’s obstruction of the performance of official duties, the Defendant’s obstruction of the exercise of public authority by assaulting a police officer performing his duties, thereby obstructing the exercise of public authority, and in particular, it is necessary to punish the Defendant with strict punishment.

(b).

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