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(영문) 의정부지방법원 고양지원 2018.12.20 2018고단2298
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 12, 2018, the Defendant: (a) committed assault, such as plucking, plucking, plucking, breaking, and breaking, breaking, breaking, and breaking, breaking, breaking, and breaking, breaking, breaking, breaking, and breaking, breaking, breaking, breaking, and breaking, by hand, the Defendant was arrested as a flagrant offender by committing an assault by reporting 112 that he was faceed by any person who is not aware of, and reporting 112; and (b) he was arrested by, committing an assault.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the handling of reports and arrest of flagrant offenders.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police for E;

1. Application of H’s written Acts and subordinate statutes;

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

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

1. The decision of sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations] shall be determined as follows: (a) the basic area (from June to June) of the first type (the interference with the performance of official duties and the coercion of duties) (the person subject to special sentencing) shall be sentenced to imprisonment for six months, taking into account the following circumstances: (b) the period of suspended execution of one year; (c) community service 40 hours; (d) the circumstances surrounding the instant crime; (d) the degree of interference with official duties; (e) the Defendant’s age, sexual behavior; (e) the living environment; and (e) the recommended sentences according to the sentencing guidelines; and (e) the recommended sentences according to the sentencing guidelines.

In order to establish the state's legal order and eradicate the state's awareness of public power, it is necessary to strictize crimes that interfere with the performance of public duties.

The Defendant denied some of the crimes on the first trial date, and recognized all of the crimes late later at the second trial date. However, it is doubtful whether the Defendant is seriously against his/her own mistake.

The degree of violence against the victimized police officers is not easy.

There are no criminal records of the same kind.

50,000.

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