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(영문) 춘천지방법원 원주지원 2020.06.19 2020고단41
공무집행방해
Text

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

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

Reasons

Punishment of the crime

At around 01:20 on October 27, 2019, the Defendant: (a) requested the Hanju Police Station C District District District of Gangwon-si, Gangwon-si, to verify whether or not the Defendant’s distribution was made; and (b) did not request that “I would like to know why the Defendant would be why the Defendant would go to forced labor at home,” and did not go to the earth by continuing to look at a slope D, who worked there, “I would have been written in Make, and this woman’s police would have dice written Make,” while the Defendant did not go to the earth.

Accordingly, the police officers, such as the Inspector E, wanting to leave the Defendant out of the earth’s zone, and the Defendant, who said that the police officers, such as the police officers, did so, committed assaulting the Defendant, such as putting the flab, etc., when she took a bath, stating that “the Defendant shall do so in accordance with the flabing flabing and flabing,” and she flabing the flab of E on two occasions.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (the analysis of CCTV images in the C District);

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. The reason for the sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture (unfavorable circumstances) seems to have reported false facts to the police station in addition to the instant case, and there seems to have been any history of visiting the district district by habitually under the influence of alcohol.

Damage police officers are punished for defendants.

Many have been punished for the same kind of crime.

It is against the principle of good faith that sees a mistake, reflects it, and does not repeat a crime.

The degree of tangible power exercised is relatively much severe.

There is still no history of punishment for obstruction of performance of official duties.

Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, and environment.

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