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(영문) 의정부지방법원 2016.12.20 2016고단4879
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On November 16, 2016, from around 07:50 to 10:20, the Defendant: (a) sent a phone call to the Damyang apartment and the 101 Dong 906, and (b) sent a 20-time call to the Donyang Police Station for the Gyeonggi-nam Police Station for 20 times in total; and (c) sent the call to the Donyang Police Station for 30 times.

Accordingly, the Defendant, at around 10:20 on the same day, threatened E with the fact that he was issued a notice of a disposition of notice under the Punishment of Minor Offenses Act by the police box affiliated with the above defendant's residence, on the ground that he was in accordance with the circumstance where the police box was sent to the defendant's residence, and the above circumstances E expressed that he would kill and die to his family members, and that he would kill him, and all of his family members will kill and die.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the suppression, prevention and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report (12 reported details and attachment of written opinions);

1. A criminal investigation report (Attachment of a melting file);

1. Application of Acts and subordinate statutes to report on investigation ( listening to report on the recycling of green files);

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the scope of recommendation] does not exist [decision of sentence] [Article 62(1) of the Criminal Code of the Republic of Korea [Article 62(1) of the Criminal Code [Article 62(1) of the obstruction of performance of official duties] [Article 62(1) of the basic area (6 to 1 year and 4 months] of the obstruction of performance of official duties [Article 15 of the Criminal Code]. In particular, since the crime related to the obstruction of performance of official duties is a crime that undermines the legitimate exercise of public authority and undermines the State's function, it is necessary to strictly punish the defendant for establishing

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