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(영문) 의정부지방법원 2015.06.19 2015고단834
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

피고인은 2015. 3. 7. 22:30경 의정부시 B에 있는 ‘C 노래방’ 앞 노상에서, 불법 도우미 영업을 한다는 피고인의 112신고를 받고 출동한 의정부경찰서 D지구대 소속 경사 E이 적극적으로 단속하지 않는다는 이유로 “돈을 얼마나 받아 처먹었느냐, 너는 경찰이 아니고 짭새다”라고 욕설을 하며 계속하여 E에게 달려들어 주먹을 쥐고 때릴 듯이 위협하였다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of 112 reported police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E (including the F's statement);

1. Application of each police investigation reporting statute;

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] The sentence of Article 62(1) of the Act on the Suspension of Performance of Official Duties and the scope of the comparative sentence between the sentence and the recommended sentence: Grade I basic area (6 months to 1 year and 4 months): Imprisonment with prison labor for six months and 1 year and 4 months [6 months]; imprisonment with prison labor for six months and one year and four months; and imprisonment with prison labor for two years at a disadvantage: A police officer who performs official duties in the influence of alcohol; a police officer who made a desire to take time and made a intimidation

(k) favorable circumstances: The degree of reflectivity and assault to his mistake;

The defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act are considered. It is so decided as per Disposition for the above reasons.

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