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(영문) 의정부지방법원 2015.05.01 2014고단3774
공무집행방해
Text

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

On September 27, 2014, at around 17:10, the Defendant: (a) requested that the police officer E belonging to the Seoul Sungdong Police Station D Zone D Zone District, who was called for, after receiving a civil petition, move a vehicle to move a vehicle for the main business, while under the influence of alcohol on a vehicle parked in front of the C main shop located in Seongdong-gu Seoul Metropolitan Government; and (b) requested that “the vehicle be moved to move or parked a vehicle.” On September 27, 2014, the Defendant stated that “the night flap kbp kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb

As a result, the defendant interfered with the legitimate execution of duties concerning the handling of civil petitions and the maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (six months to one year and four months) of the obstruction of performance of official duties (the decision of sentence), [the decision of sentence] six months, suspension of execution two years, and community service work 40 hours, which interfere with a police officer's legitimate performance of official duties, and thus, the nature of the crime is not good.

However, in full view of the various circumstances, such as the fact that the Defendant recognized all of the instant crimes and reflects the depth of the instant crimes, the fact that there is no record of the same kind of crime, and the age, character and conduct and environment of the Defendant, the process and motive leading to the instant crimes, and the circumstances before and after the instant crimes, etc., the judgment is rendered as per Disposition.

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