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(영문) 의정부지방법원 고양지원 2016.05.13 2016고단350
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on January 17, 2016, at around 01:55, 01:0, in the upper residential area, and “hing sound.”

“In response to the report, the police box of the Pakistan Police Station C, which was sent to the Defendant, during identifying the circumstances of the instant case against the Defendant, assaulted the Defendant by breaking the part of the D’s timber to the floor by breaking it out to the floor, etc. while doing so.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order and criminal investigation.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Statement made by the police for E;

1. Each statement;

1. A copy of the 112 reported processing list, work log;

1. Application of uniforms and statutes on site photographs;

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

1. The act of warning and challengeing a police officer who properly executes the public authority on the grounds of sentencing as prescribed by Article 62(1) of the Criminal Act on the suspension of execution of sentence shall be subject to strict punishment.

However, considering the favorable circumstances that the defendant appears to reflect on the confession of the crime, and that there is no record of punishment exceeding the fine, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions, such as the defendant's age, sex behavior, environment, occupation and career, occupation and career, family relationship, motive and circumstance of the crime, contents of the crime, and circumstances after the crime.

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