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(영문) 춘천지방법원 원주지원 2013.08.08 2013고단362
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 17, 2013, at around 18:28, the Defendant: (a) received a report from 112 that the Defendant was a person who performed alcohol in the C cafeteria located in the original city B, and subsequently sent to the site, and the slope E belonging to the D District District of the original police station, which called the Defendant, “hrinking,” and took one time the shoulder of the above E in drinking.

Since then, the Defendant, who said E as a police officer, put the defectiveer who sought to cause the Defendant on drinking, continued to be notified of the summary of the crime, the right to appoint a counsel, etc. from the above E and arrested him as a flagrant offender in the crime of obstruction of performance of official duties, and moved to the D area, and then purchased the instant sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-cons

Accordingly, the defendant interfered with the legitimate execution of duties concerning the police officer's report, escape, arrest of criminals, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Articles of the Criminal Act and Article 136 of the Criminal Act concerning the crimes;

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. Criteria for the punishment and sentence [decision of the type of punishment] among the crimes of obstruction of performance of official duties, the first category of obstruction of performance of official duties (the coercion of obstruction of performance of official duties and coercion of duties) [Special Convicts] mitigated elements: None of the aggravated elements (the scope of recommendation): Imprisonment with prison labor for a basic area: From six months to one year and four months

2. Criteria for the suspension of execution [main reasons for the suspension of execution] No negative: No positive reason for the suspension of execution (general reason for the suspension of execution): A person who has been convicted of two or more times before the suspension of execution.

3. Determination of sentence: Imprisonment with prison labor for 2 years of stay of execution and community service hours for 80 hours; and

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