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(영문) 의정부지방법원 2015.11.20 2015고단3879
공무집행방해
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

At around 00:35 on August 14, 2015, the Defendant, at the front of the C convenience point located in the Guro B, had the police officer interfered with the police officer’s legitimate execution of duties concerning the handling of the instant report, by assaulting the D main points located on the first floor of the building underground of the said convenience store while drinking alcohol, to report the border G belonging to the Guro police station F District, which called “Ne is a police officer,” while making the said G “Ne is a police officer.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. E statements;

1. Application of the photographic Acts and subordinate statutes;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The person who has no basic field of obstruction of performance of official duties (6 to 1 year and 4 months), [decision of sentence] imprisonment with prison labor] 6 months, and one year of suspension of execution: The defendant assaulted a police officer who was dispatched upon receiving a report under the influence of alcohol to interfere with the police officer's legitimate performance of official duties; circumstances favorable to the fact that there are records of violent crimes: The defendant recognized all of the crimes in this case; the defendant's age, character and behavior, intelligence and environment; the motive, means and consequence of the crime; and other factors of sentencing as stipulated in each subparagraph of Article 51 of the Criminal Code, such as the circumstances after the crime, etc.

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