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(영문) 의정부지방법원 2014.01.03 2013고단3703
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 23, 2013, the Defendant: (a) stated that “D” convenience stores located in Speaker-si C (hereinafter “D”); (b) the Defendant demanded that the Defendant, a slope F, belonging to the House E zone unit of the Speaker Police Station of the Gu Government Police Station, called “D”) sent by a drunk person upon receipt of a report of 112 that he avoided disturbance, she would be able to reduce music noise; and (c) stated that “I would like to listen to music; (d) I would like to say, “I would like to listen to music; and (e) I would like to see, “I would like to do so, I would like to 53 years old; and (e) I would like to have the Victim F (53 years old); and (e) I would like to interfere with the police officer’s duty reporting and handling, i.e., one time on the left side part; and (e) at the same time, I would like to see the victim’s 3 week treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of a medical certificate (victim F) and Acts and subordinate statutes governing damaged photographs;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Although the degree of injury suffered by a police officer on the ground of sentencing the alternative sentence of imprisonment, is relatively somewhat somewhat weak and favorable for the police officer to deposit two million won for the police officer, the defendant has four previous crimes of obstruction of performance of official duties, two previous crimes of damage to public goods, and multiple previous crimes of violence, and the defendant has committed the same crimes again for four previous crimes of obstruction of performance of official duties due to the crime of obstruction of performance of official duties. Therefore, it is unreasonable to sentence the defendant, who is disqualified for the suspension of execution, to a fine.

Therefore, the defendant shall be sentenced to the punishment, but the sentence shall be determined as ordered in consideration of the above favorable sentencing conditions and the sentence before the suspension of execution to be invalidated.

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