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(영문) 춘천지방법원 2017.11.01 2017고단746
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 28, 2017, the Defendant: (a) in the street room C located in Chuncheon City B, around 22:45 on June 28, 2017, and (b) “A person who has fleded without drinking alcohol every day” was notified of a disposition under the Punishment of Minor Offenses Act from D District Assistant E of the Chuncheon Police Station D District Station, which was called upon to receive 112 a report; (b) said person was notified of a disposition under the Punishment of Minor Offenses Act; (c) said person was able to fluore and fluor the owner of the business; and (d) said person was requested to return home from the said slope E; and (d) said person was fluored by the victim’s hand with the victim’s hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police to F and E;

1. Application of related Acts and subordinate statutes to photographs;

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

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

1. The crime of this case where the defendant, on the grounds of protection observation and community service order Article 62-2 of the Criminal Code, suffered damage by plucking or plucking up the fingers of police officers who perform their legitimate duties, which seems to be seen by the host country, is not good, and the defendant has many records of punishment as violent crimes, and is not agreed with the victimized police officers, etc. are elements of sentencing unfavorable to the defendant.

However, the fact that the Defendant appears to have recognized and reflected the instant crime, and that human damage appears to be insignificant to the extent that the victimized police officer stated that the victimized police officer did not have suffered damage to the degree of submission of a diagnosis report, and that the Defendant has no record of punishment for the same kind of crime, etc., shall be considered as factors for sentencing favorable to the Defendant. In addition, the Defendant’s age, sex, environment, motive and background of the crime, circumstances after the crime, etc.

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