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(영문) 의정부지방법원 2017.01.09 2016고단4688
공무집행방해등
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 October 29, 2016, the Defendant: (a) committed assault to G, such as assaulting the police officers F and G, who called up while leaving a disturbance with goods in front of E Syleba in Yangju-si, to stop the disturbance; (b) the police officers F and G, who were called up to stoping the disturbance; and (c) booming the inside of G to stop drinking; and (d) inflicted injury on G, such as light salt, which requires treatment for about two weeks; and at the same time interfere with legitimate performance of duties concerning criminal investigations by the said police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. A report on internal investigation:

1. A written diagnosis of injury;

1. Application of CCTV (attached to a CCTV investigation report)-related Acts and subordinate statutes;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of obstructing the execution of official duties for sentencing under Article 62-2 of the Social Service Order Criminal Act is very serious in itself, and it is inevitable to punish the police officer's face by assaulting it is very bad in terms of the nature of the crime.

However, in consideration of the fact that the defendant is against his criminal act and has no criminal record of the same kind, the execution is suspended at once.

In addition, the sentencing conditions that are disadvantageous to the defendant, such as the age, sex, and circumstances after the crime, shall be considered, and the punishment shall be determined as per the order.

It is so decided as per Disposition for the above reasons.

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