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(영문) 춘천지방법원 원주지원 2016.08.09 2016고단508
공무집행방해등
Text

A defendant shall be punished by imprisonment for 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

1. On May 21, 2016, at around 21:35, the Defendant damaged the 60,000 won of the repair cost, such as making a set of a transparent set of a coffee set up before C, which was set up in front of C, a cellular phone in front of C, which was in front of C, by making a set of a coffee model.

2. On May 21, 2016, the Defendant obstructed the performance of official duties, at the cell of the original police station located in the original police station located in the original police station located in the original police station located in the original police station located in the original police station located in the original police station located in the original police station, for the same reason as described in paragraph 1, and was arrested in a flagrant offender for the same reason, without any justifiable reason, and assaulted the assistantF belonging to the original police station E at one time on the left side of the said F.

Accordingly, the defendant interfered with the legitimate execution of duties of the police officer's detention room management.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Application of video CDs and photographs statutes;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

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 on the grounds of protection and observation and orders to provide community service and attend lectures;

1. Class 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) and the basic area (from June to one year and four months) (the person who is subject to special sentencing) (the person who is subject to special sentencing).

2. Type 1 (Destruction of Property, etc.) in the mitigation area (one month to six months) (special mitigation person) in Class 2 (Destruction of Property, etc.) in general standards; and

3. The scope of final sentence due to the aggravation of multiple offenses: From six months to one year and seven months; and

4. Decision of sentence: Imprisonment with prison labor for six months, suspension of execution, two years, protection observation, community service order, and the defendant inflicted an assault on a police officer who, under the influence of alcohol, destroys another person's self-reader without any justifiable reason and performs legitimate public service;

In addition, the defendant has already been punished several times for the same crime.

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