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(영문) 의정부지방법원 2017.03.22 2017고단458
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 2, 2017, the Defendant reported 112 to the effect that “the customer takes a bath and takes things without acting as an agent” in front of the “C control point in the Namyang-si, Namyang-si,” which was sent by the Defendant, and received a report of 112, and received a substitute fee from the assistant E belonging to the police station in the Namyang-gu, which was called, and then received a demand for returning home, but the Defendant took a bath to the said E, and assaulted the said E on one occasion.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of the Act and subordinate statutes to images and voice of the victim's assault and video CDs;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) [the scope of statutory penalty] imprisonment with prison labor for not more than five years [the scope of punishment] The basic area of interfering with the performance of official duties among the groups that interfere with the performance of official duties [the scope of recommended punishment]: From June to April [the decision of sentence] from June to June, and from June to June, the act of assaulting the police in uniform 2 years from the suspension of execution of official duties requires strict punishment.

However, the sentence of imprisonment is to be imposed in consideration of the fact that the defendant is living against the confession of the crime, there is no criminal record of the same kind or of the suspension of execution, and the degree of violence against police officers is not much severe, but the execution of the sentence is suspended.

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