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(영문) 춘천지방법원 2015.04.09 2015고단134
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

At around 18:30 on January 20, 2015, the Defendant: (a) committed assault, such as assaulting D (the police officer aged 30, the Hacheon Police Station) with the patrol around Mancheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, who was in charge of the patrol in the vicinity of the Mancheon-gun, about 18:30 on the 18:30, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, the Defendant took a bath for the said dispute; (b) the Defendant Da-do, who was in charge of the patrol around the Mancheon-gun (the police officer aged 30, the Hacheon-gu Police Station belonging to the Hacheoncheon-gun Police Station).

Accordingly, the defendant interfered with the proper execution of duties of police officers on the maintenance of public order and crime control.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D, E, and F;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment for the obstruction of performance of official duties]. The punishment for the obstruction of official duties shall be limited to the punishment for the obstruction of official duties. The punishment for the obstruction of official duties shall be limited to six months to one year;

2. In order to establish the legal order of the country where the sentence was determined and eradicate the light of the public authority, there is a need to punish the crime of obstruction of the performance of official duties in this case, the degree of violence committed by the defendant, the circumstances and contents of the crime, etc., which are disadvantageous to the fact that the nature of the crime is not good.

On the other hand, there are favorable circumstances such as the confession of the crime of this case and the Defendant reflects his mistake in depth, the crime of this case appears to have been committed contingent, and the Defendant has no record of being punished for the same kind of crime.

In light of the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, environment, background, means and consequence of the crime, circumstances after the crime, and attitude in this court, the punishment as ordered is imposed.

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