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(영문) 춘천지방법원 강릉지원 2017.02.09 2017고단33
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 3, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for interference with the performance of official duties at the Seoul Eastern District Court, and on November 6, 2014, the Seoul Central District Court sentenced imprisonment with prison labor for fraud at the Seoul Central District Court for one year and six months on February 1, 2016, and completed the execution of each of the above punishment at the Ansan Prison.

At around 04:00 on January 1, 2017, the Defendant: (a) was in the main point of “E” located in D at the East Sea around 04:00; (b) the Defendant, while drinking alcohol with Defendant’s female-friendly F along with Defendant’s her female-gu F, committed an act that she seems to have been faced with her and her disease; and (c) was in a conflict with the customer of the next table table that the Defendant attempted to restrain the Defendant.

Since then, the defendant was recommended to return home from four police officers, such as the security guards H, etc. belonging to the Gangwon-do Police Station G District World Police Station G District, who was dispatched to the above main place after receiving a report of 112 of the business owner's string, but such a police officer is considered to be Chewing and sprinked.

In doing so with a large sound such as “,” it was assaulted at one time on the left-hand face of the above H by drinking that the chest part of the above H was pushed down several times by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on civil petition handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A H statement;

1. A investigation report (the wabbb campaigns conducted by a police officer dispatched to the 112 site and the verification, etc. of the status of the police officer);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the same type of force and confirmation of the period of repeated crime, etc.);

1. Article 136 of the Criminal Act applicable to the crime and Article 136 of the choice of punishment;

1. Article 35 of the Criminal Act of the aggravated repeated crime is a same repeated crime by agreement with the police officer who has suffered from the reason of sentencing, and there are other records of criminal punishment several times of times, taking into account the favorable sentencing factors as seen earlier, the degree of interference with the execution of official duties, etc., the scope of sentencing guidelines set forth in the sentencing guidelines (one year - four years of imprisonment: crime obstructing the performance of official duties, interference with the performance of official duties, type 1, and the degree of interference with the execution of official duties).

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