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(영문) 춘천지방법원 2015.07.16 2015고단85

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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 December 25, 2014, around 00:30, at 00:0, the Defendant reported violence at the 23 master’s welfare apartment 101 parking lot in front of 101, Macheon-si, Macheon-si, Macheon-si, Macheon-si, the Defendant: (a) stated that the police officer B (the circumstances belonging to the Chuncheon Police Station C District) who was dispatched to the site in order to listen to the circumstances of the instant case from the reporter D, and that the above B was "I am to be known"; (b) was sleeped with the flab of the instant B, and was influenced by the bnd hand, and at the same time, the Defendant interfered with the police officer’s legitimate performance of duties concerning the maintenance of public security and crime control.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A E-document;

1. Application of the legislation in its opinion;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The scope of recommendations according to the sentencing guidelines for the principal offender's injury as a reference to the cases where the sentencing guidelines are not applied in relation to the crime of causing bodily concurrent crimes under Article 62-2 of the Criminal Act of probation and community service order and the crime of obstructing performance of official duties is [the scope of recommendations] in the case of general injury to the principal offender, general injury, and obstruction of performance of official duties [the special aggravation elements] in the case of crimes of violence [the scope of recommendations] in the case of imprisonment with prison labor for 6 months or 2 years (a

In order to establish the state’s legal order and eradicate the light of the public authority, there is a need for strict punishment for the crime of obstruction of performance of official duties, as well as the Defendant inflicted an injury on the police officer who performs legitimate duties, and the Defendant has already been punished for the same kind of crime. However, although there are unfavorable circumstances, the Defendant, who led to the confession of each of the crimes of this case, is committing a mistake, at present, and the instant case is divided.