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(영문) 춘천지방법원 강릉지원 2016.03.25 2016고단179
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 19, 2016, the Defendant: (a) under the influence of alcohol on February 22 and 13, 2016, the Defendant was unable to avoid disturbance due to the lack of the ability to discern things or make decisions; (b) the Defendant was unable to take the action, such as c, 8, and 101, taking a large voice, and taking the elbow entrance by force; and (c) three police officers, such as the slope E, etc. to which the police box belongs of the T-J Police Station D police box belongs, called the scene upon receiving a report stating that “the head of the vessel gets in motion.”

When the slope E prevents the Defendant from committing the act, the Defendant was unable to cause a disturbance by more interesting, and the slope E issued a penalty payment notice after giving notice to the Defendant as a fact of violating ordinary crimes.

Accordingly, the defendant's "Isle, Isle, Isle, Isle, Isle, Isle, and discarded."

“At least 2~3 times, the breast part of the breast part of the bar of the drinking slope E was assaulted, i.e., drinking slope E continued to stop the Defendant, even though the slope E continued to restrain the Defendant.

As a result, the Defendant interfered with the legitimate performance of duties, such as the handling of reported case by E, the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A written statement of F and G;

1. 112 A list of reported cases;

1. A penalty payment notification;

1. Application of the relevant Acts and subordinate statutes (the 12,13th page of investigation records);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection [the scope of recommendations] [the grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc. [the scope of recommendations] types 1 (the obstruction of performance of official duties and coercion of duties] of the basic area (the decision of sentence from June to January 4) were repeated from time to

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