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(영문) 의정부지방법원 고양지원 2015.06.16 2014고단1971
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 became final and conclusive.

Reasons

Punishment of the crime

At around 01:20 on May 2, 2014, the Defendant, at the main point of "C" located in "C" in "Paju City B, who was reported not to calculate the drinking value, and was arrested as a flagrant offender to the slope belonging to the D District Unit of the Pakistan Police Station, which called "E once this spawned," and assaulted E by taking the left face of "E at one hand."

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in flagrant crimes.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of each police protocol of statement to E and F;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria [decision of types] Crimes of obstruction of the performance of official duties, obstruction of the performance of official duties, Type 1 (Compulsory Obstruction of the Performance of Official Duties) (No person specially punished] (decision of recommending punishment] basic area, June 2 and April 1.

3. Two years of stay of execution for six months of imprisonment with prison labor for a decision of sentence (including the fact that the whereabouts of the defendant is unknown, circumstances and results of the crime, and that the defendant has no criminal record of stay of execution or more);

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