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(영문) 춘천지방법원 2015.10.29 2015고단805

공무집행방해

Text

A defendant shall be punished by imprisonment for 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

On June 24, 2015, around 19:25, the Defendant assaulted the Defendant, “C,” a police officer belonging to the D District Unit, who was under the influence of alcohol and called up on the road, with the Defendant’s walked to “I am informed of the house anywhere,” and “I am fright, this bit of bit bit bit bit bit bit bit bit son,” and used the Defendant’s motive to “I am far bit bit bit bit bit bit son,” and the Defendant committed assault, such as, under the influence of influence of alcohol, the Defendant sees the E’s farbial by drinking and drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reports and crime control.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the F Statements;

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 factors of sentencing shall be taken into account):

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment for the obstruction of performance of official duties]. The punishment for the obstruction of official duties shall be limited to the punishment for the obstruction of official duties. The punishment for the obstruction of official duties shall be limited to six months to one year;

2. There is a need for strict punishment for the crime of obstruction of performance of official duties in order to establish the legal order of the country where the sentence was determined and eradicate the light of the public authority, and the Defendant has already been punished several times due to violent crimes, etc.

On the other hand, there are extenuating circumstances such as the confession of the crime of this case and the mistake is divided, the crime of this case appears to have been committed contingent, the degree of assault is not much serious in the crime of this case, and the crime of this case is a criminal record before 1996.

The above circumstances, the age, character and conduct, and environment of the defendant.