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(영문) 의정부지방법원 2015.05.15 2014고단4209
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

Around November 14:25, 2014, the Defendant: (a) took an inquiry about the process of the occurrence of the instant case from F slope belonging to the Gyeonggi Government Police Station E District, which was called upon the Defendant’s report that he saw D to drink and drink D; and (b) took an inquiry about the process of the occurrence of the instant case from the F slope belonging to the E District of the Gyeonggi Government Police Station, which was called upon the Defendant, at the time of drinking on November 14:25.

Accordingly, the Defendant interfered with the legitimate performance of duties of F related to crime prevention and suppression.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the respective laws and regulations of D and G;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor in the mitigated area (one to eight months) of the obstruction of performance of official duties (a person subject to special mitigation] [decision of sentence] 4 months of imprisonment, and one year of suspended sentence: The defendant assaults a police officer performing official duties to interfere with a police officer's legitimate performance of official duties; he/she has several favorable circumstances: reflects on his/her mistake; he/she has no record of crime beyond suspended sentence; the degree of assault is relatively minor; the defendant's age, character, character, intelligence and environment; relationship with the victim; motive, means and consequence of the crime; circumstances after the crime; and other factors for sentencing under Article 51 of the Criminal Act. It is so decided as per Disposition on the above grounds.

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