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(영문) 의정부지방법원 2018.01.09 2017고단4137
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 August 18, 2017, at around 02:24, the Defendant removed a rank attached to the police officer F, in his hand, on the left left shoulder of the police officer F, on the ground that the police officer F, who was the police officer of the Namyang Police Station E commander of the Namyang Police Station E commander of the Namyang-si Police Station, received a request from the Defendant to return his mobile phone to G in which the Defendant had occurred, and the Defendant did not find any goods lost.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. G statements;

1. Investigation report (person H with the shooting and telephone communications);

1. Application of Acts and subordinate statutes governing damaged photographs of victims;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of various circumstances, such as the circumstance leading up to a crime recognized by evidence duly adopted and investigated by the court, the method and method of the crime, and the defendant’s behavior before and after the crime, determination of the mental disorder of the defendant under Article 62-2 of the Criminal Act on the observation of protection and observation, it is not deemed that the defendant did not have or lacks the ability to discern things at the time of the crime.

Reasons for sentencing

1. One month to five years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of the recommended punishment] the basic area [the scope of the recommended punishment] shall be six months to one year and six months.

3. Determination of sentence: (a) the following conditions; (b) the Defendant’s age, sex, environment; (c) the method and mode of committing a crime; and (d) the circumstances before and after committing a crime; and (c) the sentence, taking into account various circumstances shown in the pleadings

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