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(영문) 의정부지방법원 고양지원 2019.07.18 2019고단1132
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On April 23, 2019, the Defendant was arrested as a flagrant offender under suspicion of obstruction of performance of official duties in consideration of the defects in the B bus stops located at the bus stops located in Ansan-dong, Yongsan-gu, Ansan-gu, Chungcheongnam-si, Annsan-si, under the report of 112, in order to hear the statements from bus passengers, the circumstances belonging to the Gyeonggi-do Police Station C District of the Gyeonggi-do, Gyeonggi-do, and the police officer called for after receiving a report of 112, and the circumstances of the report from bus passengers.

After the arrest of a flagrant offender, the Defendant spited the above E’s hand, etc. while taking a bath to the above E, such as “Ig and spule,” that he was seated in the back seat of the patrol vehicle and brought in as the C district.

Accordingly, the defendant interfered with the handling of the 112 reported case by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

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

1. Each police statement made to D and E;

1. A written statement;

1. Scambling video CDs;

1. Application of Acts and subordinate statutes to report on investigation (Listening to the F party statement of the reporter);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Act are as follows: (a) there is no [Class 1] obstruction of performance of official duties or coercion [the scope of recommendations and recommendations]; (b) the scope of recommendations according to the basic area of punishment; (c) six months to two years (1/2 of the upper limit of crimes No. 2 of the first crime) sentenced by imprisonment with prison labor for six months; (d) a sentence of imprisonment for two years of suspension of execution; (e) a state law and order for community service80 hours; and (e) a sentence for the obstruction of performance of official duties for eradicating a rumor of public authority.

The degree of violence is.

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