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(영문) 춘천지방법원 속초지원 2019.09.04 2018고단417
공무집행방해
Text

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

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On September 21, 2018, around 23:25, the Defendant: (a) received 112 report at the entrance of the State Category C located at Seocho-si B, and asked the circumstances of the instant case by the police officer E belonging to the Young Police Station D District Unit of the Seocho Police Station, who called out, to ask him/her about the face of E one time, without any particular reason.

As a result, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and maintenance of order.

Summary of Evidence

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on photographs by 112 reporting case handling marks and by cutting CCTV images;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is that there is no record of criminal punishment exceeding a fine by the defendant, the defendant interfered with the legitimate performance of duties by police officers. There is a need for strict punishment in order to establish legal order and eradicate a light of public authority, the degree of the assault in this case and the age of the defendant, etc. shall be determined as the same as the order of punishment in consideration of various conditions

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