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(영문) 춘천지방법원 2019.10.16 2019고단694

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of one year and six months from the date the judgment of this case became final and conclusive.

Reasons

Punishment of the crime

1. On July 10, 2019, the Defendant assaulted the victim D (the 63 years of age) who is a taxi engineer in front of the “C Child Care Center” located in Chuncheon City B, on the way prior to the operation of the taxi on July 14:4, 2019, for instance, he erred in the path while driving the taxi, boomed the victim from the taxi, and b-3 smugglinged the victim’s neck by his body.

2. On July 10, 2019, at around 14:50, the Defendant committed assault and intimidation, such as: (a) ascertaining the circumstances and personal information of the case; (b) keeping the Defendant who was dispatched to the site after receiving a report from 112 that the Defendant was assaulting by the Defendant as described in the preceding paragraph; and (c) keeping the Defendant in order to attack D, who is the victim of the assault at the Chuncheon Police Station E District; and (d) threatening the said F, as the Defendant would be at the time of “I Ha Ha Ha Ha, I Ha Ha Ha Ha, I Ha Ha Ha Ha Ha Ha Ha, I Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha, I

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or F;

1. Application of the Acts and subordinate statutes governing violence and obstruction of performance of official duties;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Determination of Punishment of Violence) (hereinafter referred to as the "Assault 1") and 2 to 10 months [No person who has a general assault [No person who has a special assault] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation and recommendation], and no person who has been sentenced to imprisonment for 2 months or 10

B. Second Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (No. 1) / Forced performance of official duties (Special Convicts) - Reduction element: The degree of assault, intimidation, and deceptive scheme is the degree.