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(영문) 의정부지방법원 2018.03.15 2017고단3064
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 3064"

1. On May 9, 2017, the Defendant assaulted the victim by drinking in front of the old-market public parking lot in the old-market public parking lot, which is located six times on the 19:30 Sim-ri on May 9, 2017.

2. The Defendant interfered with the performance of official duties by assaulting the police officer on the ground that, at the time, at the time, at the place specified in paragraph (1) and at the same time, the Defendant: (a) committed violence under the influence of alcohol; and (b) committed 112 on the 112 reported by the police officer; and (c) obstructed the police officer’s legitimate performance of duties concerning the handling of the reported case, by assaulting the slope E, a police officer belonging to the Dong-ri Police Station D District, who was dispatched to the Defendant, in order to verify the Defendant’s personal information.

The Defendant, on October 11, 2017, 00:13, is a victim G (66 years old) who stops in the front of the Guri-si in the Guri-si, and without any justifiable reason, 10 months of imprisonment with prison labor for the victim.

Along with the crossing theory, such as “2 million won is to be taken off,” the victim was off, and the victim was assaulted at one time by drinking the head of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of C’s written laws and regulations

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment);

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment stipulated for a crime of obstructing the execution of official duties of the largest person);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence:

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) 1 offence (Interference with the performance of official duties) (the scope of recommendations) shall interfere with the performance of official duties;

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