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(영문) 춘천지방법원 강릉지원 2016.11.11 2016고단1325

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

On September 6, 2016, at around 21:00, the Defendant, in front of the Defendant’s office located in Gangnam-si B, filed a report of 112 that there was a problem of neighbor's house and opening, and threatened the Defendant, as if the Defendant, among the attempts explaining the circumstances of the instant case, that he would return to another place, to the delivery source, who was delivered food to the next house among those who explained the Defendant’s office.

Accordingly, after the patrolman gets off this, he was tightly pushed off the chest of the above E in two tights, was tightly pushed back on the left hand once the chin part of E, and then he was able to have the chest of E one time with the finger hand after having pushed off the chest of E once by the hand.

As above, the Defendant interfered with the legitimate execution of police officers’ duties concerning public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Probation Act [Scope of Recommendation] The basic area of the obstruction of performance of official duties (fence of performance of official duties and coercion of official duties) / [decision of sentence] Although the nature of the crime is not good, such as the form of the act of the crime of this case and the circumstances after arrest, etc., the punishment against the defendant shall be set within the range of the recommended sentence according to the sentencing guidelines, taking into account the defendant's family environment and motive for the crime of this case, etc., and the execution of the punishment shall be postponed on the condition that social service is provided for a certain period of time.