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(영문) 의정부지방법원 2019.01.24 2018고단2683
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 01:20 on March 16, 2018, the Defendant was assaulted by the Defendant on the later side of the Ji Government-Si B apartment, the Defendant demanded that the police officer E (35 years of age) belonging to the Gu Government Police Station D District Unit of the Gu Government Police Station called out after receiving the report of 112 by the Defendant to disclose his/her personal information, and assaulted him/her at once by drinking the clothes of the above police officer.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for up to one year and six months (Scope of recommendations). There are no basic area (referring to six months to one year and six months) of the obstruction of performance of official duties.

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after crimes, for six months of imprisonment, one year of suspended sentence, and others.

Circumstances unfavorable: Circumstances favorable to the point that there are a large number of criminal records: The confession of the instant crime;

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