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(영문) 의정부지방법원 2014.09.29 2014고단2869
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 of the final judgment.

Reasons

Punishment of the crime

around 01:30 on June 13, 2014, the Defendant assaulted the Defendant at the Defendant’s residence in Namyang-si, Namyang-si, Gyeonggi-do, Dong 302, that he was assaulted by his father D, and the Defendant was tightly tightly pushed off, her face, and sponsed up, and she was dispatched upon receipt of the report, to the circumstances F of the Namyang-si Police Station affiliated with the Namyang-gu, who was called up upon the report, “this spacker spacks,” and opened the knife knife knife knife knife knife knife and knife knife knife knife knife knife knife knifs to the Defendant, F with F, F, knife knife knife knif.”

As a result, the Defendant interfered with the legitimate execution of duties by police officers in the reported dispatch work.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and E;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] In the case of showing an aggravated area (one to four years of obstruction of performance of official duties) (one-year) [Specialized Persons] the threat of group or multiple force, or carrying dangerous things (one type] / six months of imprisonment with prison labor and one year of suspended sentence, the defendant assaulted police officers performing official duties, and carried with them during that period, so it is reasonable to strictly punish them.

However, the fact that the defendant is against the defendant's awareness of the crime, and that it is the first offender who has no criminal power at all, shall be considered in favorable circumstances, and the punishment shall be determined by taking into account all the factors such as the means and result of the crime in this case, the circumstances after the crime, age, character and conduct, family environment, etc.

It is so decided as per Disposition for the above reasons.

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