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(영문) 의정부지방법원 2017.10.24 2017고단2601
공무집행방해
Text

A defendant shall be punished by imprisonment 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 May 28, 2017, the Defendant: (a) sent to the scene after receiving 112 reports on the “D” street parking lot located in Kuri-si, Simri-si, 2017; and (b) sought to return home from F. of the police box belonging to the Guri-gu, Police Station Emba, which called “sing to Chewing,” and tried to open the back of the patrol car; (c) tried to remove the police officer from the above police officer; and (d) assaulting the police officer’s body.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

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

1. The crime interfering with the execution of official duties for the reason of sentencing under Article 62-2 of the Criminal Act is a crime that seriously impedes the police officers’ pride and desire to work, resulting damage to the police eventually return to the general public, including the criminal records of violence, several criminal records including the criminal records of the defendant, and the criminal records leading up to five times. However, the punishment shall be determined by comprehensively taking into account the fact that the defendant reflects the crime of this case, and the degree of the assault of this case is relatively insignificant.

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