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(영문) 춘천지방법원 강릉지원 2016.03.18 2016고단56
공무집행방해
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 2016, the Defendant, while under the influence of alcohol, was unable to discern things or make decisions, was in the C’s emergency room at C’s 418,000, Samcheon-ro 412, the Defendant obstructed the police officer’s legitimate execution of duties regarding the handling of the instant report at D’s 112, by taking the Defendant’s desire and disturbance into consideration. B’s police box sent to the site upon receipt of 112 report, and the police officer B’s c, who was fried as a parking lot to have the Defendant returned home.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A copy of a certificate issued by a public official, a copy of a police box assigned by a public official, and a list of cases reported, respectively;

1. Application of relevant Acts and subordinate statutes to each relevant photograph;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration, circumstances before and after the crime in this case, family environment, age of the defendant, etc.);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Order [the scope of punishment] / [the scope of punishment] 15 days to 2 years and six months / [the scope of recommended punishment] / (6 months to 1 year and 4 months) of the basic area (the decision of sentence] (the decision of sentence] / the sentence of the defendant under the condition that the defendant's punishment shall be protected and observed within the scope of the recommended sentence of imprisonment with prison labor for up to six months, on the condition that the defendant's punishment shall be protected and observed in six months;

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