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(영문) 의정부지방법원 2017.11.21 2017고단3811
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2017, the Defendant argued with a female-friendly job offering E in front of the “D cafeteria” building located in the Gu Council-Si of Gu around 14:00.

The term "magabonds" shall be made by men and women.

“A police officer, who is a police officer belonging to the F District Unit of the Gu Government Police Station, dispatched upon receipt of a report 112, prevents the Defendant from separating two people and leaving the Defendant to E; the Defendant “hypted by the police police in any other fypt.”

“The police officer interfered with the legitimate execution of duties concerning the handling of 112 reports by her police officer by putting his/her finger hand on the right side of G, one time.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H and I;

1. On-site photographs;

1. Application of the Acts and subordinate statutes concerning subordinate statutes to police officers' photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to five years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the scope of the punishment [the scope of the recommended punishment] that interferes with the performance of public duties, and the elements of mitigation [the person who interferes with the performance of public duties and coercion of duties]: Where the degree of violence, intimidation, deceptive scheme, or interference with public duties is minor [the scope of the recommended punishment] mitigated area [the scope of the recommended punishment] one month to eight months.

3. The punishment shall be determined within the scope of recommended sentencing criteria, taking into comprehensive account the circumstances shown in the arguments in this case, such as the circumstances below the sentencing criteria and the age, sex, environment, method and mode of the crime, and circumstances before and after the crime.

- Serious reflectness, minor degree of interference with official duties, deposit for victimized police officers (300,00 won), contingent crimes, social relationship clear that there are no criminal records of the same kind and no criminal records of the suspension of execution, and no criminal records of the same kind;

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