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(영문) 의정부지방법원 2014.08.07 2014고단1746
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 of the final judgment.

Reasons

Punishment of the crime

At around 02:20 on March 5, 2014, the Defendant, at the “C” point in the second floor in the Namyang-si, Namyang-si, B, and reported to the Defendant that the Defendant was walking, and the police officer affiliated with the 112 police box affiliated with the Namyang-si, Police Station Dental E, which called the Defendant’s scambling, shot the Defendant, and scam to the said police officer, saying, “I am home, scam, scam,” and scam the said E’s scaming part three times of walking, continuously walking the said part of the F’s scambling with his hand and walking twice, thereby hindering the police officer’s legitimate performance of duties concerning public safety and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of the G’s written Acts and subordinate statutes;

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

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The sentence of Article 62(1) of the Act on the Suspension of Performance of Official Duties [Special Mitigation (Aggravated Punishment)] - Where the degree of assault is minor, the sentence shall be determined as follows: (a) imprisonment with prison labor for not less than six months; (b) imprisonment with prison labor for a number of damaged public officials; and (c) the sentencing person who has been sentenced for two years prior to the suspension of execution was sentenced to a fine due to obstruction of performance of official duties, injury, damage of property, damage of property, etc. before the instant case; and (d) the defendant seems to have committed a contingent crime under drinking, taking into account the positive circumstances, such as the following: (a) the defendant's age, character, environment, criminal record, circumstance of the instant crime; and (b) the situation of the crime after the instant crime and the various conditions of sentencing as shown in the arguments and the records.

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