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(영문) 춘천지방법원 강릉지원 2016.03.25 2016고단20
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant under the influence of alcohol to discern things or lacks the ability to make decisions;

1. On January 4, 2016, 200: (a) under the influence of alcohol at “D main points” operated by the victim C in Gangseo-si B, Gangwon-si, and (b) with a 30,000 won in fraud contact with the market price on the table of the location, damage by cutting off five floors at the end of the 30,000 won;

2. On January 4, 2016, around the above main point, around 00:40, at around 00, the Defendant under the influence of alcohol was: (a) reported by 112, stating that he was a person in a disturbance of alcohol; (b) was sent to the site; (c) was to have the Defendant returned to the patrol vehicle; and (d) was to have the Defendant returned to the patrol vehicle; and (d) was to assault the Defendant’s 112 report handling duties by the police official; and (e) interfered with the legitimate performance of duties by F’s 112 report handling duties by the police official.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of the Acts and subordinate statutes concerning investigation reports (related to field photographs);

1. Destruction of property as stated in the relevant Article of the Criminal Act and the choice of punishment for the crime: Interference with the performance of official duties as stated in Article 366 of the Criminal Act: Article 136 (1) of the Criminal Act (Selection of Imprisonment);

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

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed by a crime of obstructing the execution of public duties in a judgment heavier than that prescribed);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., conditions favorable to the following grounds for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and Article 59 of the Act on the Observation, etc. of Protection [the scope of punishment]: 15 days to 3 years and 9 months of imprisonment: Suspension of the performance of official duties from June to July 1 in the basic area (Interference with the performance of official duties and coercion of duties) (one month to 6 months), the scope of the revised sentence of recommendation in accordance with the criteria for disposal of multiple crimes (one month to 6 months) in the mitigation area (one year to 4 months), and the scope of the revised sentence of recommendation in accordance with the criteria for disposal of multiple crimes (one year to 6 months) in the mitigation area (one year to 1 year and 7 months).

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