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(영문) 의정부지방법원 2015.07.17 2015고단799
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 05:00 on February 14, 2015, the Defendant expressed that, at the D District Parking Lots located in Jung-si, the Defendant: (a) expressed that, on the ground that the circumstances and F, belonging to D District Police Station D, which was reported by the Dog Government Police Station E, he was satisfing himself; (b) expressed that, on the ground that the Dog Government Police Station F, who was in receipt of a report by the Dog Government Police Officer E was satisfing, the Defendant committed assault, such as taking the part of the said F on one occasion at each time, walking the Dog on one hand, and walking the Dog.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each police statement of E and F;

1. Application of the photographic Acts and subordinate statutes;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Act on the Suspension of Performance of Official Duties (Article 62(1) of the Act on the Suspension of Execution of Official Duties (Article 62(1) of the Act on the Suspension of Execution and the scope of comparison between the sentence and the recommended sentence: June to January 14 (Article 6-1 of the Act on the Suspension of Execution): Imprisonment with prison labor for 6 months and June 194 (Article 6-1 of the Act on the Suspension of Execution of Official Duties)

(k) favorable circumstances: there is no record of crime committed in the same kind or suspended execution of his mistake in this Court;

In light of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act. It is so decided as per Disposition.

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