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(영문) 의정부지방법원 2015.11.17 2015고단1951
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On May 11, 2015, at around 01:25, the Defendant: (a) committed assault against the Defendant’s wife at the Southern-si Police Station C zone of the Namyang-si Police Station, who was called out after receiving the Defendant’s report from the Defendant’s wife at the residence of the Defendant at the Namyang-si Police Station, in accordance with the procedure for handling domestic violence reports; and (b) tried to separate the Defendant’s wife from the Defendant and the Defendant’s wife in order to restrain the Defendant’s access to the Defendant’s wife; (c) 3 times the chest’s chest was fluent, and (d) the Defendant

Accordingly, the defendant interfered with legitimate execution of duties by police officers on handling domestic violence reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 112 reported case handling table;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] In the case where the degree of violence, intimidation, and deceptive scheme is minor in the area of mitigation (one to eight months) (special mitigation) of the area of obstruction of performance of official duties (one to one month), [decision of sentence] the defendant intends to exercise violence while fighting between his/her wife and his/her wife, and used violence against the victimized police officer dispatched after receiving a report by his/her wife, the use of violence against the victimized police officer should follow a heavy trend of responsibility.

However, the extent of damage suffered by the damaged police officer is minor, the defendant repents and reflects his/her mistake, and the defendant has no criminal power in the same kind, etc., and thus a suspended sentence is sentenced.

In addition, in full view of various circumstances, such as the age, character and conduct of the defendant, the details and motive leading to the crime of this case, and the circumstances before and after the crime of this case, the sentencing conditions as shown in the records and arguments shall be sentenced as the disposition.

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