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(영문) 의정부지방법원 2018.10.12 2018고단3618
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:00 on August 15, 2018, the Defendant: (a) 112 reported by the police officer C belonging to the B District, who was called up on the five street-ro by an adult male male male at around 04:0, on the ground that the police officer of the B District sent out after receiving a report from 112, would be bad to the Defendant’s fighting, and (b) assaulted the police officer’s face at one time on the face of the said police officer at one time, thereby hindering the police officer’s legitimate performance of public duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of victims;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment according to the sentencing guidelines of the Supreme Court] The basic area (fe.g., interference with the performance of official duties and coercion of duties) (fe., June-1 to June) of the first type (f.g., interference with the performance of official duties) [f.g., the determination of sentence] a crime interfering with the performance of official duties is a crime that is not good quality in that it makes it difficult for the public authority, which serves as the foundation of the rule of law,

In light of the attitude and degree of the defendant's obstruction of performing official duties, the issue is serious and there is a high possibility of criticism against the defendant.

It is necessary to punish the defendant strictly.

However, the defendant expressed his intention that the victim police officer was not subject to punishment for the defendant.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.

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