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(영문) 춘천지방법원 속초지원 2016.10.19 2016고단154
특수공무집행방해
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

At around 03:05 on June 3, 2016, the Defendant: (a) reported at the front of the D cafeteria located in Seocho-si, Seocho-si; (b) and sent to the site by the Defendant at the time of handling the reported case by the F staff belonging to the Young Police Station Edistrict, who was under the influence of the Defendant, and (c) caused the Defendant to commit the Defendant’s behavior, “The law of the Republic of Korea shall not use violence even in relation to his father and his father,” and (d) prevented the Defendant’s behavior, “The law of the Republic of Korea shall be open to the territory of the Republic of Korea. The law of the Republic of Korea shall show four times of domestic violence.” At this time, the Defendant’s frighting car to the Defendant’s G-learning car, which was under the influence of the Defendant, took place in the middle of the instant golf course, i.e., golf dangerous articles (a., about 93mm.).

Accordingly, the defendant carried dangerous articles and interfered with legitimate execution of duties of police officers on-site sailing, public safety and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A statement prepared by H;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Code [the scope of recommendations] obstruction of performance of official duties, Type 1 (Obstruction of Performance of Official Duties), and where carrying dangerous things [one-year or four-year imprisonment] [one-year imprisonment] / Where the nature of the crime is not good, but there are other circumstances that may be somewhat taken into account the circumstances leading to the crime, such as the following: (a) the defendant is the first offender; (b) the defendant is in a profound proportion to his/her mistake; (c) the defendant has not been contacted with his/her father at night; and (d) the situation, etc., which was interested in the process of finding his/her ancillary.

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