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(영문) 의정부지방법원 2019.06.12 2019고단972
절도등
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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

1. From March 5, 2019, the Defendant: (a) around 17:40 on the 17:40 on the 17:40 on the 19th day of both weeks, the Defendant: (b) was placed in the display stand between the victim C while the surveillance of the victim was neglected; (c) one disease of 1.6L beer in the market price equivalent to KRW 3,100 on the 1st day of both weeks.

Accordingly, the defendant stolen the victim's property.

2. 공무집행방해 피고인은 2019. 3. 5. 17:55경 위 장소에서 “절도범을 잡고 있다”는 위 C의 신고를 받고 출동한 E지구대 소속 순경 F, 순경 G로부터 사건 경위 파악을 위한 질문을 받자, 순경 F을 향해 “씨발, 맞짱뜰래 ”라고 욕설을 하면서 피고인의 오른손을 들어 순경 F을 때릴 듯이 위협하고, 이를 제지하려는 순경 G의 팔을 잡고 흔드는 등 경찰관들을 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the respective Acts and subordinate statutes of F, G and C;

1. Relevant provisions of the Criminal Act, Article 328 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of Punishment) thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

B. Second Crimes (Determination of Punishment) [Obstruction of Performance of Official Duties] Obstruction of Performance of Official Duties / [Attachment 1] / Voluntary Obstruction of Performance of Official Duties - In cases where the degree of assault, threat, and deceptive scheme is minor: In cases where there are many public officials who suffered damage, the element of aggravation of punishment - basic area of punishment [the scope of recommendation area and recommendation range], six months to one year and six months.

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