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(영문) 춘천지방법원 원주지원 2017.12.21 2017고단1065

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

On October 11, 2017, the Defendant: (a) received a written notice from F (38 taxes) of a police official belonging to the Hanju Police Station E District, called “D convenience store” before “D convenience store” located in Kuju-si; (b) received a report from 112, and received a written notice from the Defendant; and (c) received the notice from F (38 taxes) of a police official belonging to the Kuju Police Station E-gu, called “the processed matters”;

In the first place, the reported argue would be "the name of the party shall be changed," and the head of the police station would take the right arms of the above police officer, and the chest was pushed once, and the police officer could interfere with the police officer's performance of duties concerning the prevention, suppression, and investigation of the crime.

Summary of Evidence

1. Statement by the defendant in court;

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

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) [the person subject to special sentencing] [decision of sentence] The crime of obstructing the performance of official duties by the State in order to protect legitimate performance of official duties and to establish a sound social order, it is necessary to strictize the crime of obstructing the performance of official duties. When the State was notified of the revocation column, the circumstances leading up to the crime of this case are poor; there was no record of criminal punishment exceeding a fine since 1991; there was no record of criminal punishment for the same crime; assault was committed once; assault was committed; the defendant's age, sex, character, intelligence and environment; motive, means and consequence of the crime; and other various circumstances that form the conditions of sentencing as shown in the records, such as the following circumstances.