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(영문) 춘천지방법원 원주지원 2017.07.20 2017고단548

공무집행방해

Text

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

Around 00:40 on May 8, 2017, the Defendant reported 112 to the effect that “the Defendant was subject to domestic violence in front of C,” and obstructed the performance of duties in relation to the prevention and investigation of crimes by the said police officials, and the handling of the instant report in this case, where E and F, a police official belonging to D District of the original Police Station D, called upon upon receipt of the said report, was spiting the said police officials toward the face, spiting the E’s bridge and part on several occasions, and f walking the bridge and part on the E’s bridge and part on several occasions, and f was faced with the key to the F, by walking the bucks of F once, and obstructing the performance of duties in relation to the prevention and investigation of crimes by the said police officials and the handling of the report in this case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the Act and subordinate statutes 8 copies of video CDs and caps;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] of the Reasons for the Sentencing under Article 62(1) of the Criminal Act (amended by the Act on the Suspension of Execution of Official Duties] There is no basic area (from June to one year and six months), [the person subject to special sentencing] [the sentence] decision is necessary to be strict to interfere with the performance of official duties in order to protect the legitimate performance of official duties of the State and to establish a sound social order.

The crime of this case is committed against police officers dispatched to assist the defendant according to the report on damage by the defendant, and not only the nature of the crime is inferior in light of the motive of the crime or the circumstances leading up to the crime, but also the case of spiting the face, such as exercising violence over a number of occasions and spiting it.

shall not be deemed to exist.

However, there is no history of criminal punishment exceeding the fine, and after 2002, there is no history of criminal punishment, and deposit KRW 50,000 for the damaged police officials.