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(영문) 의정부지방법원 2015.05.08 2014고단4119
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

Around 00:05 on November 2, 2014, the Defendant: (a) sought personal information from the Guri Police Station E District Assistant F, which was driven by D, on the front of the Guri-si, on the basis of the fact listed on the BM5 vehicle Bows; (b) assaulted by the Defendant, i.e., “I ring off, I ambling, I ambling,” and “I ambling, I ambling, I ambling, I ambling, I ambling, and ambling, I am.”

As a result, the defendant interfered with the legitimate execution of duties of police officers in regard to 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and D;

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] There is no person who has a basic sphere (six months to one year and four months) of the obstruction of performance of official duties (decision of sentence] 6 months of imprisonment, suspension of execution 2 years, community service work 40 hours: The defendant assaults a police officer performing official duties and interferes with a police officer's legitimate performance of official duties; he has a criminal record of the same kind of crime; he has a criminal record and has a record of a crime related to violence: The defendant recognized all of the crimes in this case and has no record of punishment more than a suspended sentence; the defendant's age, character, character, intelligence and environment; relationship with the victim; motive, means and result of the crime; circumstances after the crime; and other factors of sentencing as prescribed in each subparagraph of Article 51 of the Criminal Act are considered as above.

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