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(영문) 의정부지방법원 2016.11.30 2016고단4009
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 22:10 on September 12, 2016, the Defendant: (a) was under the influence of alcohol between the vehicles parked on the roads near the dong Don-ro 34, Seoyang-si, Namyang-si; (b) did not comply with the 112 report, and was urged by the police officers, etc. of the Gyeongginam Police Station B police box called to the site to return home from the police officers, etc., who were dispatched to the site; (c) did not comply with the said C to the effect that he was urged by the police officers, etc., of the Gyeongginam Police Station B, who were called to the site, and assaulted C, such as dumpinging the falp of C by taking the falp with his hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the investigation report (D hearing of statements);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The basic area of the obstruction of performance of official duties (six to one year and four months) (the choice of sentence) / The crime of obstruction of performance of official duties is very serious crime in itself. In addition, in the case of the crime of this case, the defendant is 40 minutes police officers with a trial cost, and the defendant is fright to commit the crime of this case (the 11th page of investigation record) and cannot be exempted from imprisonment with prison labor in that it is very heavy time, such as obstructing the execution of official duties.

However, the degree of assault is relatively minor, there is no previous criminal record against the defendant, and other factors such as the age, character and conduct of the defendant, and circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of all kinds of sentencing conditions that the defendant is not guilty.

It is so decided as per Disposition for the above reasons.

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