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(영문) 의정부지방법원 2015.07.21 2014고단4545
공무집행방해등
Text

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

Around 07:10 on December 4, 2014, the Defendant: (a) on the street in front of Yangju-si, the two-way police officers, who were the police officers belonging to Yangju Police Station D Zone D Zone D (36 years old), dispatched to the Defendant after having received a report to the effect that the Defendant was dead by asking the opening that he was raising by neighbors; and (b) on December 4, 2014, the Defendant asked the Defendant for the details of the report. This is facing these two-halfs of the site inspection. However, the Defendant used the said police officers to assault the said police officers to walk at the time and walk at once, thereby hindering the legitimate execution of duties concerning the maintenance of order.

around 14:25 on September 14, 2014, the Defendant threatened the Victim H with “G” located in the Yangju-si F, with the influence of alcohol, 4 liters are in possession of an empty gasoline transiter, such as the Victim H(39 years old), while under the influence of alcohol.

Summary of Evidence

"2014 Highest 4545"

1. Defendant's legal statement;

1. Statement of each police statement of I and E;

1. "Investigation Report": 2015 Highest 411;

1. Defendant's legal statement;

1. Each police statement made to H and J;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (the confirmation of the victim H's intention to punish);

1. Relevant Article 136(1) of the Criminal Act, Article 283(1) of the Criminal Act, and Article 283 of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Probation under Article 62-2 of the Criminal Act;

1. For the reasons for sentencing of Article 48(1)1 of the Confiscation Criminal Act, Article 48(1)1 of the Act on the Punishment of Crimes of Corruption [Scope of Obstruction of Performance of Official Duties] The basic area (6 to 1 year and 4 months) of the Act on the Suspension of Performance of Official Duties (the scope of recommendations) [the scope of recommendations] the basic area (6 to 6 months), and the basic area (2 to 1 year) of the Act on the Punishment of Terrorism [the scope of recommendations] the final sentence due to the aggravation of multiple crimes without a special person (2 to 2 years]: June to 10 [the decision of sentence] The defendant continues to be G.

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