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(영문) 춘천지방법원 2014.11.20 2014고단962

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 September 9, 2014, at around 04:35, the Defendant committed assault, such as drinking, on the ground that the police officer D (Polices belonging to the Hacheon Police Station Estation) dispatched to the site after receiving a report of disturbance at the celb located in Hacheon-gun B of Gangwoncheon-gun, and demanded the Defendant to return home, on two occasions the parts of the above D, on the ground that he was called to the site.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of peace and order and the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person who has the basic sphere (6 to 1 year and 4 months) of the obstruction of performance of official duties [decision of sentence] The defendant has a criminal record of the same kind once, unfavorable circumstances such as the defendant's failure to agree with the victim, etc., and expressed the intent of reflectivity while committing the crime of this case, and there is no record of criminal punishment heavier than the fine. Such circumstances include the degree of obstruction of official duties, the character and conduct of the defendant, and the environment, and all other circumstances shown in the oral proceedings of this case, the punishment as ordered shall be determined like the order.

It is so decided as per Disposition for the above reasons.