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(영문) 춘천지방법원 강릉지원 2015.09.03 2015고단675
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

At around 02:00 on June 30, 2015, the Defendant: (a) sent to the site after receiving a report on the disturbance at “Dju” located in the East Sea C; (b) the securityF and slope G (the age of 43) belonging to the E District of the East Sea Police Station E District of the East Sea Police Station that refused the demand for returning home under the influence of alcohol; and (c) avoided the disturbance, the Defendant committed an act that the H, his wife, was found to have taken back the Defendant’s back to his house and her house, she was said to have taken off, and she was said to have taken off, and she was slick off, and she was slick at the rear side of the Defendant; and (d) he was sleeped by the victim at one time due to the second part of the number of pages.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the above G Assistants 112 Reporting Case.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to investigation reports (attachings, such as night work places);

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 sentencing period under Article 62-2(1) of the Social Service Order Act shall be set within the range of the sentencing guidelines (within the scope of the sentencing guidelines: imprisonment not exceeding eight months: obstruction of performance of official duties, obstruction of performance of official duties, suspension of performance of duties, type 1, mitigation area (in cases where the degree of violence is minor) by comprehensively taking into account the following factors: the Defendant’s two-time criminal records (the fine in 2009, suspension of execution in 201) and other factors, including the Defendant’s age, character and behavior, environment, motive and background of the offense, means and consequence of the offense, and the circumstances after the crime, etc.

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