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(영문) 춘천지방법원 영월지원 2021.03.23 2020고단561

공무집행방해등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is in the marital relationship between the victim B (n, 43 years of age) and the husband.

On September 14, 2020, the Defendant assaulted the victim's right side side of the right side, one time, and two times on the right side of the victim's right side by drinking the victim's head debt flick, with the victim's head debt flick, on the ground that the victim was fighting at the defendant's house located in Thai City C and D around 17:30 on September 14, 2020, on the ground that the victim was fighting.

2. On September 14, 2020, the Defendant obstructed the police officer from taking measures to separate B from the Defendant at the place indicated in the preceding port on September 14, 202, upon receiving a report from 112 of domestic violence at the place indicated in the preceding port, and assaulted the police officer E’s back-to-face part of the police officer E, by hand, at one time, on his/her back-to-day hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on site photographs of each police statement protocol against B and E;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the long-term punishments of the above two crimes, which are determined by the obstruction of the execution of heavier public duties);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Group 1 Crimes (Interference with the Execution of Official Duties) / [Type 1] No interference with the performance of Official Duties / [No person subject to special sentencing] [the territory of recommendations and the scope of punishment] basic area, imprisonment with labor for six months to one year and six months;

(b) No. 2 Crimes (Assaults) (a type of determination) and violence crimes (No. 1 type). In general, violence crimes.