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(영문) 춘천지방법원 원주지원 2015.09.23 2015고단686

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 August 1, 2015, at around 02:37, at the main point of “C” located in the Gangseo-gun B, the Defendant committed assault, such as, under the influence of alcohol, a person who was urged to return home from F, a slope E belonging to the D District of the Crossing Police Station D, a police officer called out after receiving a report of 112 on August 1, 2015, and was urged to return home from F, and a person who, without any reason under the influence of alcohol, hump the face of the said F, hump, hump, and humbbbling the work clothes of the said F, humbing the work clothes by buling and suling the bul

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes to each investigation report (a copy of the work log in the D District, and a copy of the 112 patrol log in the D District);

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, such as probation and order to attend a lecture or 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) Extraordinary person: Reduction element - The degree of violence minor;

(c) Scope of recommendations: Reduction area, between - 8 months;

3. Determination of sentence: Imprisonment with prison labor for four months, suspension of execution for one year (the fact that the sentence is repeated, the fact that there is no previous conviction for the same kind of crime, the extent of damage and the circumstances after the crime