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(영문) 춘천지방법원 2017.06.22 2017고단342
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. The Defendant: (a) around 04:50 on January 12, 2017, the Defendant 201-dong 209 of the Chuncheon-si apartment C Apartment 201-dong 209.

“A” means a defect that a slope E belonging to the Gangwon-do Police Station D District of the Gangwon-do Police Station, which was dispatched to the site after receiving a report of 112, intends to identify the personal information of the defendant.

“In doing so, assaulted E’s left side bucks, such as breaking the buckbucks, so as to prevent the drinking.

Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.

2. On January 12, 2017, in the course of assaulting E at the detention room of the Chuncheon Police Station located in Chuncheon City, 06:12, as set forth in paragraph 1, and arresting him as a flagrant offender obstructing the performance of official duties and admitting him into the detention room, the Defendant found the Defendant’s eyebrow part of the Defendant’s eyebrow, and “I need not go to the hospital.”

“Absent to the right side of G on one occasion with a defective satisf.”

Accordingly, the defendant interfered with the police officer's legitimate execution of duties concerning confinement in a detention room for a flagrant offender.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Reporting on dispatch to the scene of violence, and the application of Acts and subordinate statutes;

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

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

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

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

1. Application of the sentencing criteria [Scope of the recommended punishment] and interference with the execution of public duties: The basic area (fence of the performance of public duties and coercion of the performance of duties).

2. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the age, occupation, sex, health status, family relationship, and circumstances before and after the commission of the crime:

Unfavorable circumstances: Duties shall be performed properly by putting in uniform.

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