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(영문) 의정부지방법원 고양지원 2017.09.12 2017고단2066
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 20, 2017, at around 00:30, the Defendant: (a) obstructed the Defendant’s legitimate performance of duties regarding the handling of reported cases by the police official D, by assaulting D, who is a police official, to the Defendant, on the following grounds: (b) having been dispatched to the site on May 20, 2017 at the lower parking lot of 111 complex B apartment complex 1; (c) having been reported at the noise cost between the previous Defendant and the neighbors at the expense of 112; and (d) having arbitrarily boarded the Defendant on the top of the patrol car, and having the Defendant go without getting out for 10 minutes; and (d) having interfered with the Defendant’s legitimate performance of duties regarding D’s handling of reported cases by the police official.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes governing mobile phone afforestation and video CDs;

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

1. Interference with the reasoning for sentencing under Article 62(1) of the Criminal Act not only undermines the function of the State’s legal order by nullifying the legitimate exercise of public authority, but also undermines the safety of the general public. Therefore, it is necessary to impose severe punishment corresponding thereto. The Defendant’s disturbance due to boarding the patrol vehicle in the course of performing his/her duties, etc., and by assaulting the police officer to restrain it, thereby hindering the performance of his/her duties, thereby hindering the quality of the crime, and preventing the damage therefrom, is disadvantageous.

However, in light of the favorable circumstances such as the defendant's recognition of a crime and reflect on the fact that the defendant is a primary offender who has no special criminal history, and the degree of violence against a police officer is not severe, and other circumstances that form the conditions of sentencing specified in the records of this case, such as the defendant's age, sex, criminal conduct, family relationship, family environment, motive and means of a crime, and circumstances after a crime, etc., the punishment as ordered shall be determined.

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