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(영문) 춘천지방법원 영월지원 2020.05.19 2020고단123
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 23:30 on January 16, 2020, the Defendant was required to present identification cards from E(37 years old) belonging to the police officer of the Taeguan Police Station D Zone D (28 years old) who was dispatched to the site after receiving a report of 112 by the criminal police officer who observed a sweet with the sweet, and the Defendant was required to present identification cards from E(37 years old) belonging to the police officer of the Taeguan Police Station D (28 years old) who was dispatched to the site, and the police officer was pushed back E’s body in hand and pushed back by drinking, with his hand, once the breast part was pushed down, and after the lapse of the period, the Defendant took protective measures as the zone of Taeguan Police Station D in Taegu, where the Defendant sweet the sweet.

At around 23:55 on the same day, the Defendant had been unable to re-satisfed at the D District District Parking Lots in Taecheon-si, Taecheon-si, G, and, from Police Officer F, the Defendant she was recommended by the Defendant to “I have been able to be punished for continuing disturbance, and without any special reason, I am home”, “I have interfered with the performance of his official duties,” and she was tightly sound, and she was tightly pushed back the chest part of the Defendant’s chest by hand.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to 112 Report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of damaged photographs, 112 report processing slips, and Acts and subordinate statutes on closure photographs;

1. A prosecutor under Article 136(1) of the Criminal Act regarding the pertinent provision of the Criminal Act and Article 136(1) of the Criminal Act regarding the selection of a punishment for a crime shall regard the assault around 23:30 on January 16, 202 as a series of assault around 23:5 on January 16, 202 and the assault around 23:5 on January 23:5

However, it is reasonable to view that each of the above acts is in a substantive concurrent relationship, since the place of crime and the damaged police officer are different, and the criminal intent was severed, and it is judged that it was a new one.

Each Imprisonment Selection

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. The types of recommendations according to the sentencing criteria.

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