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(영문) 춘천지방법원 원주지원 2016.09.06 2016고단619

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

Around 05:20 on June 23, 2016, the Defendant, at the home of the Defendant, who was located at Won-si B, 104:4 402, and the Defendant’s wife C, upon receiving a report of 112 that the Defendant’s wife C was assaulted by the Defendant’s wife, and the slope E belonging to the D District Unit of the original police station, called “C”, attempted to boom the Defendant’s chest part one time for drinking while asking the Defendant’s whereabouts and the circumstances of the case.

Accordingly, the defendant interfered with the prevention and investigation of police officers' crimes, and legitimate execution of duties in dealing with 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Report on the occurrence of case, application of the Acts and subordinate statutes related to the case;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-6 months) (the decision of sentence), six months of imprisonment with prison labor, and two years of suspended sentence, the defendant, upon receiving a report of domestic violence, exercised violence against police officers dispatched, and was punished for violent crimes.

Such circumstances and the defendant's age, occupation, character and conduct, the details of the crime and circumstances after the crime are committed shall be determined as per Disposition.