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(영문) 춘천지방법원 원주지원 2019.08.29 2019고단540
공무집행방해
Text

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

except that 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 April 22, 2019, around 05:35, the Defendant, upon receiving 112 report and demanding E to pay the drinking value from the D District guards E, the Defendant used the 112 notice to the effect that “this rings, this would be close to the tax to pay the drinking value.” In doing so, the Defendant assaulted E by putting her drinking to the direction of E and her hand, and her flabing E by her hand.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the 112 Report Handling.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim to E;

1. A statement of reference witnesses prepared by the F;

1. Report on occurrence of a case;

1. Application of Acts and subordinate statutes to investigative reports (contest image confirmation and hearing reports by damaged police officers E);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (special sponsers): In cases where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment.

3. Determination of sentence: In addition to the above sentencing factors, considering the fact that the defendant has been punished for the same kind of crime in the past, the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, result of the crime, and circumstances after the crime, etc., shall be taken into account, taking into account the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and all other circumstances, which are conditions for sentencing specified in

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