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(영문) 의정부지방법원 2014.12.16 2014고단3353
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 17, 2014, the Defendant expressed a desire to “I am h, h, h, h, h, h, and h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h, h.,

Accordingly, the Defendant interfered with the legitimate execution of duties concerning police officers' 112 reported police officers' 112 duty and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Damage photographs;

1. Application of the Act and subordinate statutes to the investigation report (C District CCTV verification);

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

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no basic area (6-1-4 months) of the obstruction of performance of official duties (6-1-4 months), and there is no person who is a special offender] [decision of sentence] The defendant's use of vision and violence to police officers working in the global belt where police officers work under the influence of alcohol is not good enough. The defendant vindicates that the situation at the time does not change.

In light of the criminal records of the defendant, the defendant seems to have violent inclinations, but if the defendant does not have a diversity or a diversity, the character and conduct of the defendant is not improved, and it is likely to prevent more serious crimes.

The defendant selected a prison term, sentenced a suspended sentence to the meaning of the warning, and ordered probation and community service.

Other cases, such as the age, character and conduct of the defendant, the details and motive leading to the crime of this case, and the circumstances before and after the crime.

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