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(영문) 춘천지방법원 영월지원 2020.06.09 2020고단148

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

1. On March 28, 2020, the Defendant interfered with the performance of official duties, at the convenience store adjacent to the “C” convenience store located in Gangnam-si, Gangwon-si, Gangwon-do, and on the ground that E, a police officer belonging to the Taecheon Police Station D District, who was called up after receiving a report of 112, was prevented from participating in a dispute with another person, on the ground that he was a police officer belonging to the Taecheon Police Station D District, who was called up after receiving a notification of 112, the Defendant obstructed the police officer’s legitimate performance of duties concerning handling reports by assaulting the breast part.

2. The Defendant, at the time and place as indicated in paragraph (1), and on the ground that the victim E, a police officer belonging to the Taecheon Police Station D District, who was called up after receiving a report of 112, and the victim F, was urged by a large voice, such as “I am, Democratic Police Ha, Hah, Hah, Hah, and Hah, Hahhh, Hahhh, who were heard by many people, such as the victim’s victim E, and the victim F, who was dissatisfied with another person.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to the field photographs and liquid campaigns;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act among the crimes of insult;

1. Selection of each sentence of imprisonment;

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. The scope of applicable sentences: Imprisonment for one month to six years;

2. Scope of recommending punishment: Non-application of the sentencing criteria on the grounds of ordinary concurrent crimes.

3. The Defendant assaulted and insulting a police officer during lawful performance of official duties.

In order to establish a state’s legal order and eradicate the light of the public authority, such a crime shall not be deemed to be light.

However, the defendant shows the form of reflection by recognizing the crime.