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(영문) 의정부지방법원 2016.10.11 2016고단3658
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 29, 2016, at around 23:30, the Defendant: (a) received a report from “C” video production room located in Namyang-si, Namyang-si; and (b) sought an explanation on the details of the report and the preparation of a written statement from the relevant slope E, the police box affiliated with the Gyeonggi-nam Police Station D commander of the Gyeonggi-do Police Station, who called out after receiving a notification that “I would perform drinking and do so; (c) I would like to take one time the shoulder and face of the above E; and (d) I would like to assault the face of the said E once by hand, even though the Defendant notified that I would have been arrested if I were to do so.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to report on investigation (to listen to the statement of police officer in Flag);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) are as follows: The sentence shall be determined as ordered in consideration of all the circumstances shown in the arguments of this case, including the circumstances, age, family relation, and tendency of the defendant:

The crime related to the obstruction of performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus requires severe punishment to establish the national legal order and eradicate a light of public authority, and circumstances favorable to the recent criminal punishment for violent crimes: The defendant led to the instant crime, and the defendant committed the instant crime in contingency under the influence of alcohol, etc.

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