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(영문) 춘천지방법원 2020.04.08 2019고단1044

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

At around 22:10 on October 3, 2019, the Defendant received 112 a report that the Defendant did not pay the amount corresponding to 35,000 won, such as alcohol and alcohol, and received a demand from the police officer E belonging to the police officer of the Chuncheon Police Station D District District, which was called the “B for returning home” from the police officer, but at the same time, the Defendant took a bath against the said police officer at the same time, and flags by hand, and interfered with the police officer’s legitimate performance of duties concerning the handling of 112 reports, such as drinking and drinking, etc.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Statement to E by the police;

1. Application of a DNA-camp video CD-related statute;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] is minor, such as assault, threat, deceptive scheme, or obstruction of the performance of official duties in the mitigated area (one month to eight months) (special mitigation).

2. The Defendant, even though having been provided with alcohol and alcohol at a restaurant, did not pay the charges. However, the Defendant, upon receiving a report from a restaurant proprietor, took a bath to the police officer without complying with the police officer’s instruction, and committed the instant crime of assaulting the police officer, which is not good, and the Defendant did not receive a letter from the victimized police officer, and the Defendant had a criminal record related to violence more than twice.

However, the fact that the defendant has divided and reflected his mistake, the fact that the defendant seems to have come to commit the crime of this case by contingent, the fact that the degree of violence against the police officer is relatively minor, the defendant has no particular criminal record for the last 10 years, and there is no criminal record exceeding the fine, and the age, character and conduct, intelligence and environment, family relationship, and the crime are committed.