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(영문) 의정부지방법원 2018.11.23 2018고단4497
공무집행방해
Text

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

Reasons

Punishment of the crime

The Defendant received a report on the grounds of denial and claim and received a separate measure from C of the Namyang Police Station B police box belonging to the Namyang Police Station.

On October 12, 2018, at around 16:35, the Defendant had C consult about the aforementioned separation measures at the counseling room for the B police box located in D at the Namyang-si, Namyang-si.

While the Defendant consulted with C, the police officer took measures without hearing his opinion at the site.

Compared to the misunderstanding, the coffee, which had been fryed, committed violence by putting it into the face of C.

Accordingly, the defendant interfered with legitimate execution of duties such as criminal investigation by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant legal provisions on criminal facts, Article 136(1) of the Criminal Act on the selection of punishment, reasons for sentencing of imprisonment [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court] The basic area (six months to one year and six months) (the decision of sentence] (the decision of June to one year and six months) of the basic area (the decision of sentence] (the crime of obstructing the performance of official duties is a crime that makes it difficult for the public authority, which is the basis of the rule of law, to properly exercise public authority and damages therefrom, to the majority of citizens.

The defendant requested the victim police officer who was called out after receiving a report on the case 112 from the person on domestic violence. After that request, the defendant was aground in the face of the victim police officer who visited the defendant of coffee and heard talk with him.

In light of the attitude of crime, the nature of crime is not very good.

However, it shall be considered in favor of the fact that the defendant's health is not good, such as the fact that the defendant is against the recognition of the crime and the chronic depression disorder.

The motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, the environment, and the criminal record.

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