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(영문) 춘천지방법원 원주지원 2017.07.13 2017고단525

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

At around 00:40 on April 27, 2017, the Defendant reported 112 taxi officers as the Defendant did not pay the fare, and D, a public official of the police officer belonging to the Kuju Police Station C District, who was dispatched upon receipt of the said report, took the face of the police officer on one occasion at the right drinking while asking the Defendant about the circumstances of the case, taking a bath, and interfering with the prevention and investigation of the police officer’s crime, and performing duties concerning the handling of the reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of related Acts and subordinate statutes to photographs;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (from June to one year and six months) [Special Sentencing] [Determination of sentence] The crime of obstructing the performance of official duties by the State in order to protect legitimate performance of official duties by the State and to establish sound social order, it is necessary to strictize the crime of obstructing the performance of official duties; the degree of violence is not easy; the crime of violence has several records of criminal punishment including punishment for the crime of violence; there is no record of criminal punishment for the same crime; there is no record of criminal punishment for the same crime after 2009; there is no record of criminal punishment for the same crime; and there is no record of criminal punishment for the same kind of crime after 209; and other various circumstances such as the defendant's age, sexual behavior, intelligence and environment; motive, means and consequence of the crime; and the circumstances of sentencing as shown in the records after the crime.