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(영문) 춘천지방법원 원주지원 2019.01.24 2018고단1314

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 00:30 on December 28, 2018, the Defendant: (a) expressed a disturbance, such as the time when the Defendant was an employee D at the “C” marina business establishment located in the original city B, and (b) expressed the victim E (the police officer of the original state police station, who was dispatched upon receipt of a report 112, who was requested to return home from the victim E (the victim 47 years of age) who was a police officer belonging to the original state police station, who was dispatched after receiving the report 112, and expressed the victim’s face at one time, and at the same time interfered with the police officer’s performance of duties concerning the handling of the said report 112 cases, and at the same time, inflicted an injury upon the victim on the chume and the tension that

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Ratifications;

1. Application of the Acts and subordinate statutes of each investigation report (number 3, 4, 6 to 10);

1. Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act concerning the crime;

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

1. The reason for the sentencing of selective sentence of imprisonment [the scope of recommendation] general injury [the person subject to special mitigation] (the person subject to special mitigation] / In the case of obstruction of performance of official duties] under the basic area of category 1 (the scope of recommendation] (the person subject to special mitigation] / [the decision of sentence] / The defendant committed violence against police officers dispatched after receiving a report from foreign employees at marina business establishment, thereby obstructing the performance of official duties by exercising violence and causing injury.

Although it is recognized that there are circumstances such as the defendant's wrongness, the fact that there was no record of having been sentenced to punishment, and that there was an agreement with the victim in the course of investigation, the crime of obstruction of performance of official duties needs to be strict in order to protect the legitimate performance of official duties of the State and to establish a sound social order.

The defendant has been subject to suspended sentence in 2010 due to the crime of obstruction of performance of official duties, and is also subject to suspended sentence two times or more with violent tendency crimes.