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(영문) 의정부지방법원 고양지원 2017.03.09 2016고단174
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 12, 2016, the Defendant: (a) opened a cell phone in front of the store “C” located in Seoyang-gu, Seoyang-gu; and (b) opened a cell phone that was called “C” on January 12, 2016; and (c) called “C” in front of the store located in Seoyang-gu, Seoyang-gu; and (d) opened a cell phone that was called to the site by E during the course of the region belonging to the Goyangyang-gu Police Station D (hereinafter “C”); and (c) set a bitch flo

니가 뭔 데 상관이야 ’라고 욕설하고 손으로 E의 가슴을 밀치고, 머리로 들이 받고, 이에 E이 피고인을 현행 범인으로 체포하려고 하자 E의 정강이를 발로 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers for the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to E and F;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. The reason for sentencing under Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts [the scope of recommendation] [the scope of punishment] that interferes with the performance of official duties, there is no basic area (six months to one year and four months) [the person who is subject to special sentencing] [the decision of sentencing] unfavorable to the contrary [the decision of sentencing]. The obstruction of the performance of official duties by itself is less vulnerable to the case.

In this case, if the method and content of the crime are considered to be very bad.

Victim police officers are punished for defendants.

The defendant has several criminal records related to violence, and the circumstances after committing the crime are very bad.

A favorable circumstances: A defendant shall not have been punished for interfering with the execution of official duties.

In addition, all of the sentencing conditions identified in the records of this case, such as the character and conduct of the defendant and circumstances after the crime, shall be determined as per the order.

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