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(영문) 의정부지방법원 2018.06.07 2018고단1242
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 10, 2018, the Defendant: (a) received a report from C cafeteria located on B 1st, Namyang-si, Namyang-si; and (b) received a report from 112 that he did not pay the drinking value; and (c) received the report, the Defendant would then die to E in order to receive a question as to whether he/she would later pay the drinking value from the slope E belonging to the Police Station D Dob Station called out.

A guard shall be placed in a detention room of a tea.

“I have been placed on the table of the said note on the hand with the word “......”

Ton this end, we assaulted the Ethm of 15 cm in length, and assaulted the face of E once as the Ethm.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention of crimes and the control of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

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 Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines: From six months to one year and six months [the scope of the recommended punishment], the basic area (from six months to one year and six months) (no person subject to special sentencing) of the category 1 (Interference with Execution of Official Duties and Forced Performance of Duties) shall interfere with the performance of official duties.

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, six months of imprisonment, one year of suspended sentence, and other conditions of sentencing.

The circumstances that are more favorable: The confession of the crime of this case, and the fact that there is no record of crime between the last ten years;

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