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(영문) 의정부지방법원 2018.08.22 2018고단2202
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 21, 2018, the Defendant solicited the Defendant to return home on April 21, 2018, 06:45, within the restaurant of “E” located in “E” at the Government-Si of Gyeonggi-si, with the report of 112, that the Defendant was fluoring a drunk, and was called up, G (32 tax) belonging to the F District of the Gu Police Station, the Defendant called up.

Madh. Chewing, “Abreging,” and assaulted by hand the arms of the police officer at his/her discretion one time to shaken the arms of the police officer at his/her discretion.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives, bodies, and property of the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of G and H;

1. Photographs of damaged police officers;

1. Application of Acts and subordinate statutes of Chapter 1 of the Log Cinematographic CDs

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense, Article 136 (1) of the Criminal Act of the choice of punishment, and imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for protection and observation and attending lectures [the scope of punishment according to the sentencing guidelines for the Supreme Court] The basic area of the first type of crime interfering with the performance of official duties (Interference with the performance of official duties and coercion of duties) (six months to one year and six months) [decision of sentence] has been punished several times for violent crimes before the defendant has been sentenced]. In particular, from 2012 to 2015, the crime of damaging public goods (a crime of damaging an art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art art, art art. 207).

Nevertheless, it has committed a crime that interferes with the performance of official duties, such as drinking a police officer's boat, and it is not good to commit a crime in light of the type and degree of force.

It is necessary to punish the defendant strictly.

However, the detention of the accused is difficult to the dependent.

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