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(영문) 의정부지방법원 2018.10.11 2018고단3434
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On August 5, 2018, the Defendant received 112 reports from 'C' in front of 'C' restaurant located in 'C' at the time of the Government-Si around 06:30 on August 5, 2018, and received 112 reports from the customers, and handled the case by E and the circumstances of the case to the police officer affiliated with the Gu Police Station D's branch of the Gu Police Station, and handled the offender. On the inside of the police officer, the Defendant spits spite, spits, spits, spits, spits, and spits the chest part of the police officer as his hand, and obstructed the police officer's legitimate performance of duties concerning handling 112 reports by putting back the back part of the police officer as his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing the handling of cases reported, investigation reports (on-site conditions, etc.), and 112;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

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

2. Scope of the recommended punishment according to the sentencing guidelines: From six months to one year and six months [the scope of the recommended punishment], the basic area (from six months to one year and six months) (no person subject to special sentencing) of the category 1 (Interference with Execution of Official Duties and Forced Performance of Duties) shall interfere with the 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, sex, family relationship, and circumstances before and after a crime, for eight months of imprisonment, the stay of execution of two years, and other circumstances:

Conditions disadvantageous: A favorable condition that has the record of the same crime: The confession of the crime of this case

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