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(영문) 춘천지방법원 영월지원 2016.11.15 2016고단379
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 22, 2016, the Defendant of the obstruction of performance of official duties against police officers B: (a) performed two alcohols, such as D, etc., a long-term accommodation at the Gangseo-gun Cpentathy Complex; (b) reported 112 at the time of assault; (c) the police officer F and B, who belongs to the police box, were dispatched to the E police officer; and (d) the police officer, who was subject to a disturbance from the police officer B, took the right hand of B by putting plastic slots on his hand and taking the right hand at one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

2. On July 22, 2016, around 22:50 on July 22, 2016, the Defendant: (a) reported 112 at the time of assault at the place specified in paragraph (1); (b) reported 112 at the police officer’s expense; (c) the police officer F of the police box and the police officer assigned to the E box were called out; (d) the police officer F and B were prevented from disturbing the police officer F from committing any disturbance, and (e) the F’s buck part of F’s bucks on the right edge was sounded twice.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and B;

1. Damage photographs;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Basic sphere of each crime of obstruction of the performance of official duties (Scope of recommendations) (referring to six months of imprisonment to one year and four months);

2. The scope of final sentence due to the aggravation of multiple offenses: Six months to two years of imprisonment; and

3. Determination of sentence: Determination of a certain lower sentence than the lower limit of the sentencing criteria as shown in the disposition, in consideration of the fact that the defendant has no criminal records exceeding the fine for four months of imprisonment, the suspension of execution of one year, and the fact that he reflects the crimes in this case; and

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