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(영문) 의정부지방법원 고양지원 2016.02.12 2015고단3397
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 September 23, 2015, the Defendant: (a) on September 23, 2015, at the Seoyang-gu Btel 2’s 2nd floor of Seoyang-gu, Seoyangyang-gu, Btel, and (b) on September 23, 2015, the Defendant reported 112 as an indecent act against D’s leader, and sent to the site after receiving 112 reports; and (c) on September 23, 201, in order to prevent the defects of F’s arrest as a flagrant offender due to forced indecent act against D, the Defendant laid down F’s reputation by hand; (d) laid down his hand beyond the bottom and her hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of the Acts and subordinate statutes concerning photographs of victimized police officers and site photographs of the case;

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

1. The rationale for sentencing under Article 62(1) of the Criminal Act is that the police officer’s act of warning and attempting to challenge the police officer for the justifiable reason for sentencing under Article 62(1) of the Criminal Act should be punished strictly.

In light of the background and degree of the assault in this case, the nature of the crime is less severe.

shall not be deemed to exist.

However, considering the favorable circumstances that the defendant led to the confession of the crime and divided into crimes, and that there is no record of punishment exceeding the fine, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions, such as the defendant's age, sex behavior, environment, career, experience, family relationship, circumstances after the crime, and circumstances after the crime.

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