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(영문) 춘천지방법원 원주지원 2014.07.30 2014고단551

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 01:50 on June 2, 2014, the Defendant interfered with the police officers as follows: (a) in front of a restaurant with the trade name “D” located in the Won-si, Won-si; (b) in front of the restaurant; (c) in order to prevent the Defendant from being arrested a flagrant offender committing an injury to H and to prevent the Defendant from being arrested by committing an assault; (d) in order to prevent the Defendant from being arrested by the police officer, the Defendant Da Da Da Da Da Da Da Da Da Da Da Da Da Da, “if the drunk Do Ha, Do Ha, and well-coned, Hah Hah Hah Hahh, Hah Hahhhhhhh?”; and (e) in response to the Defendant’s control, the Defendant Do Hah Hah Hah caused the Defendant’s face by “hh Do Hah Hah, Kah Hah, Hah Hah Hah w?” and caused the F me.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria;

(a) Determination of types: Crimes of obstruction of performance of official duties, obstruction of performance of official duties, and Category I (Obstruction of Performance of Official Duties);

(b) Scope of recommendations: Basic area, six months to one year and four months; and

3. Determination of sentence: Imprisonment with prison labor for eight months, two years of suspended sentence, 40 hours of community service order [fluored circumstances] 50,000 won, reflects, and there is no record of crime more than a suspended sentence for the last ten years (fluored circumstances] that spits, etc. on the face of police officers performing official duties, such as spits, etc.