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(영문) 춘천지방법원 강릉지원 2016.03.18 2014고단827

공무집행방해

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 20 years prior to the occurrence of a nuclear accident, the Defendant: (a) expressed that the Defendant had no capacity to discern things or make decisions due to any mental disorder, such as cerebrovassis and mental falssis, etc.; (b) expressed the Defendant’s desire to restrain the Defendant from departing from the police officer’s handling of the report of the instant case, by assaulting the police officer’s left side of the F, on May 31, 2014, at C around March 15:54, 2014; and (c) assaulting the Defendant at the scene upon receipt of a disturbance and assault report, and obstructing the police officer’s legitimate performance of duties concerning the handling of the report of the instant case.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. Legal statement of witness F;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to F and I;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) (see, e.g., Supreme Court Decision 5 months in imprisonment); 15 days to 2 years and 6 months in imprisonment [the scope of recommendation]. The mitigation area (see, e.g., January to 8) (see, e., Special mitigated Persons] mitigated area (see, e.g., Supreme Court Decision 5 months in imprisonment); 1 year in suspension of execution of official duties;