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(영문) 의정부지방법원 2014.04.01 2014고단350
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 26, 2014, the Defendant interfered with the performance of official duties, at around 04:12, 04:12, on the road in front of the Gyeonggi-gun, Gyeonggi-gun, B, and on the road, the police officer, a police officer belonging to the Dongcheon Police Station Ea Police Station, who was called up after receiving a report in front of the “C” located in D, and was called up with D, refused to complete it, and the Defendant interfered with the legitimate performance of duties by police officers in relation to the suppression of crimes.

2. The Defendant: (a) was arrested as a flagrant offender at the time and place specified in paragraph 1; and (b) refused any defect by carrying out the patrol check; and (c) divided the patrol 11 (G 11) of the patrol box to which he belongs, snicker was cut back, thereby impairing the utility of the goods for public use in the market.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A H statement;

1. Damage photographs;

1. Application of Acts and subordinate statutes to an investigation report (a report on the confirmation related to cut to an damaged snicker);

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of imprisonment for the 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. The reason for sentencing under Article 62-2 of the Social Service Order Act: the first crime [Determination of the type of punishment] the obstruction of the performance of official duties [the scope of recommendations] basic area [the scope of punishment] six months to one year and four months [the applicable provisions of applicable Acts]: Article 136(1) of the Criminal Act: 1 to five years [the period of suspension of execution] - Where the degree of assault, intimidation, and deceptive scheme is minor, the reason for general participation - general participation - the second crime [determination of a sentence] that has no criminal record of more serious reflectness, destruction of public property [the special person]] that has no criminal record of more than suspended execution of official duties: the mitigation element of mitigation.

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