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(영문) 춘천지방법원 원주지원 2016.10.11 2016고단798
공무집행방해
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

On 27, 2016, around 03:23 on 03:23, the Defendant: (a) reported 112 that there is a visual problem with customers and drinking value; and (b) the police officer belonging to the original police station D Zone D District called the Defendant recommended the Defendant to pay the drinking value and return home; (c) while taking a bath, the Defendant sent one time to the right shoulder of the above E in drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the prevention of police officers' crimes and the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Report on the occurrence of the case;

1. Application of Acts and subordinate statutes to photographs of police officers damaged by obstruction of performance of official duties;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] There is no basic area (6-1-4 months) of obstruction of performance of official duties (6-1-1-4 months) [Pronouncement of sentence] [decision of sentence] 6 months of imprisonment, suspension of execution 2 years of probation, probation, and community service order Defendant used violence against police officers under the influence of alcohol despite the fact that they had been punished four times of violent crimes.

Such circumstances and the defendant's age, occupation, character and conduct, the details of the crime and circumstances after the crime are committed shall be determined as per Disposition.

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