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(영문) 춘천지방법원 원주지원 2018.05.17 2018고단44
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

On December 30, 2017, at around 17:35, the Defendant: (a) driven a two-wheeled passenger vehicle before the “D” located in D, Gangwon-gun; and (b) caused a traffic accident that damages the entrance of the said seeds to repair the gate.

The Defendant received a demand for a drinking test from G(45 tax) of police officials G (45 tax) belonging to the F District of the Crossing Police Station, who was dispatched to the site after receiving a report at around 17:42 on the same day, and obstructed the Defendant’s performance of duties in relation to the investigation of crimes by the said police officials. The Defendant, by hand, continued to take the arms of the said police officer, continued to take a bath, pushed the breast part of the chest, displayed the face part of the said police officer, and interfered with the Defendant’s performance of duties.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. A traffic accident report and a list of reported cases;

1. The application of Acts and subordinate statutes to the investigation report (the 14th time a month);

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the recommended sentence] There is no person [the person subject to special sentencing] in the basic area (six months to one year and six months) [the decision of sentence] [the person subject to special sentencing] [the decision of sentence] there is a need to be strict degree of interference with the performance of official duties in order to protect the legitimate performance of official duties of the State and to establish a sound social order, and thereby to protect the proper performance of official duties of the State, and to establish a sound social order, there is a history of recognizing the defendant's mistake, there is no history of being sentenced to suspended sentence due to the crime with violent inclination, there is no history of criminal punishment for the same kind of crime, there was no history of being subject to criminal punishment for the same crime, and the fact that police officers were dead, and other various circumstances such as the defendant's age, sexual behavior, intelligence, and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as the order

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