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(영문) 의정부지방법원 고양지원 2016.11.24 2016고단1979
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 5, 2016, around 15:30 on June 15, 2016, the Defendant committed assault, such as assaulting the above E’s left shoulder and chest part, who was dispatched to the Incheon Central Police Station D Zone E, by receiving a report to the effect that the Defendant would cause a sound to other persons and a disturbance, and was subject to restraint from the slope E belonging to the Incheon Central Police Station D Zone E., which was called.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to the investigation report (case concerning the statement of a shot person);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-6 months to 1-4 months), and no crime against police officers in the course of performing their duties (decision of sentence] The crime against police officers in the course of performing their duties should be punished strictly, but there is no criminal offense of the same kind, and there is no significant result.

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