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(영문) 의정부지방법원 2017.05.24 2017고단1330
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 7, 2017, at around 20:50, the Defendant was arrested by police officers D, etc. belonging to the Namyang Police Station C commander of the Namyang Police Station, who was called for the assault case while having franced B due to the problem of the taxi rate between B and B, which is a taxi engineer, and was transferred to the police box located in E in Southyang-si.

Since then on the same day, the Defendant was sent to the Defendant’s wife during the 112 patrol vehicle that was parked in the above police station for the purpose of handing over the soldiers to the Southern-ju Police Station along with D at the above police station at around 21:20 on the same day and explained the progress of the case to the Defendant’s head.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Statement B;

1. Application of the taxi-type photographs, victims' photographs, and motion picture display-related statutes;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Social Service Orders [the scope of applicable sentences under the law], and Article 59 of the Act on the Observation, etc. of Protection and Protection [the scope of applicable sentences] [the scope of recommended sentences] Type 1 (Obstruction of Performance of Official Duties) of the obstruction of Performance of Official Duties among the groups of crimes that interfere with the performance of official duties [the scope of recommended sentences] fundamental area: From June to June [the ruling of sentence], the defendant, who was sentenced to suspended sentence for two

In particular, on April 10, 2015, the Defendant was sentenced to one year of suspended sentence for obstructing the performance of official duties in the Incheon District Court’s Branch Branch on April 10, 2015 and was sentenced to one year of suspended sentence on April 18, 2015, but the judgment became final and conclusive, and again committed the same kind of crime.

It is natural that the defendant will be sentenced to imprisonment with prison labor.

However, the defendant.

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