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(영문) 의정부지방법원 2016.05.24 2016고단1257
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2016, the Defendant did not go out of the restaurant, even though he was under the influence of alcohol, at C cafeteria located in Namyang-si B, Namyang-si, Namyang-si, and was urged to return home from the proprietor.

Therefore, it was out of the 112 patrols prior to the 112 patrols, who were dispatched after receiving a report on 112 report, because they did not receive a recommendation for returning home from F. The 112 patrols prior to the 112 patrols.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. G statements;

1. A report on investigation;

1. Application of statutes on site photographs;

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 Act on the Suspension of Execution [Scope of Recommendation] : (1) type 1 (Interference with the performance of official duties and coercion of duties) (In the mitigated area (one to August 8) / [Special mitigated Persons] 4 months of imprisonment (in the event of a serious injury), and the crime related to the obstruction of the performance of official duties for 2 years of suspended execution is a crime detrimental to the State’s function by nullifying the legitimate exercise of public power, and thus, it is necessary to establish a national legal order and eradicate the light of public authority. However, although the defendant is deemed to have led to the confession of the crime in this case, and his mistake is divided, the defendant is deemed to have failed to take his wife in this court; (2) the defendant has no power to interfere with the performance of official duties, such as this case; and (3) the defendant's age, character, environment, motive and consequence of the crime in this case; and (4) the sentencing order and various conditions after the crime are determined in consideration of the records.

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