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(영문) 춘천지방법원 원주지원 2015.06.16 2015고단293
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On March 23, 2015, the Defendant: (a) on the roads front C in Won-si, a domestic violence report, and received a measure to separate the Defendant’s husband from the slope E belonging to the Hanju Police Station D District, which was called the Defendant’s house, and was parked in front of the Defendant’s house; and (b) avoided the Defendant’s disturbance on several occasions; (c) upon receiving the aforementioned police officer’s removal from the said police officer, the Defendant saw the police officer to “at least 10 times away from the front of the buck and the buck.” The Defendant assaulted the police officer’s platform and the buck.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and prevention of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of statutes on site and victim photographs;

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;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Determination of Punishment] The reason for the sentencing of Article 62-2 of the Criminal Act [Obstruction of Performance of Official Duties] is the basic area of [Recommendation and Recommendation], six-one year and four months [Prohibition of Suspension of Execution] - The positive reason for general reference: The positive reason for general reference is clear social relation, serious reflectness, and there is no previous conviction or more (decision of sentence] 6 months of imprisonment, one year of suspended sentence, one year of community service order: The defendant assaults a police officer who performs his duties without any particular reason.

In addition, the defendant has already been punished by a fine for obstruction of performance of official duties.

However, the defendant's mistake is against the defendant, and one million won was deposited in the future of the damaged police officer.

In consideration of these circumstances, the punishment as ordered shall be determined.

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