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(영문) 춘천지방법원 원주지원 2014.12.10 2014고단970
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 of the final judgment.

Reasons

Punishment of the crime

On October 1, 2014, at around 18:06, the Defendant reported 112 while being drunk in front of the would be under influence of alcohol on the road in front of the wouldnju City, and was transferred to the front of the police box of the original State Police Station to the front of the police box of the original State, with two help, such as a slope E belonging to the police box of the original State Police Station called to the front of the third police box.

At around 18:15 on the same day, the Defendant committed assault, at the front of the police box, to ask questions for returning home from slope E, and to the right hand hand floor of the above E, such as turning the left clock at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning crime prevention and handling of reported crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria;

(a) Determination of types: Crimes of obstruction of performance of official duties, obstruction of performance of official duties, and Category I (Obstruction of Performance of Official Duties);

(b) Scope of recommendations: Basic area, six months to one year;

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, and 40 hours during the course of violence therapy [fluoring circumstances] the quality of a contingency crime under the influence of alcohol (fluoring circumstances] is not good, and a fine of two million won on April 2009 due to the crime of damaging public goods, etc.

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