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(영문) 의정부지방법원 2016.12.14 2016고단4004
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. Around 00:00 on July 24, 2016, the Defendant, under the influence of alcohol in the Cpenta in Pyeongtaek-gun B, committed assault by the Defendant by breathing the victim D (n, 26 years of age) who is a female student of his/her workplace, fluence, the victim’s hair, and the victim’s hair.

2. On July 24, 2016, the Defendant: (a) arrested a police officer who was arrested as a flagrant offender on the charge of assaulting D on July 24, 2016; (b) was investigated by the Pyeongtaek Police Station at the 61st Hyeong-ro, Gyeong-gun, and refused to enter the detention room; and (c) was assaulted on the face of the slopeF in the front of the detention room by the Defendant at one time at the front of the detention room.

In this respect, it interfered with the legitimate execution of public duties of police officers on the attraction of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of D;

1. Relevant provisions of the Criminal Act, Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and the choice of imprisonment with labor, respectively, for the facts of crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing period of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., Article 62-2 of the Social Service Order Act, and Article 59 of the Act on the Punishment, etc. of Specific Crimes with no basic area [the scope of punishment of obstruction of performance of official duties] [the scope of punishment of obstruction of official duties] [the scope of punishment of obstruction of official duties] [the scope of punishment of obstruction of official duties] and Article 2 of the Act without a special person] [the scope of punishment of the crime of violence] are minor (the special mitigation of one to one month] and the mitigation area (one to eight months) [the scope of punishment of the crime of violence]. The final sentence scope of punishment due to the aggravation of multiple crimes: Six months to one year [the sentence of sentence] [the defendant was punished for multiple crimes of obstruction of official duties], while the defendant was under the influence of alcohol, assaults a victim while performing legitimate duties, and assaults a police officer performing legitimate duties, thereby obstructing the legitimate execution

Establishment of national legal order and order.

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