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(영문) 춘천지방법원 원주지원 2014.07.30 2014고단540
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 15, 2014, at around 00:30, the Defendant: (a) committed assault against the police officer, including: (b) the police officer, who was dispatched after receiving a report of the assault case, D in order to investigate the circumstances of the instant case by the police officer, including the circumstances where the police officer assigned the police officer of the original police station, who was dispatched after receiving the report of the assault case; and (c) the police officer, who was in order to check the situation of the instant case by the police officer, “I am sphere and sphere, I am sphere and sphere, I am the chest part of the Defendant’s chest on one occasion due to drinking.” (d) The police officer, who was in charge of the instant police officer, was assaulted by the police officer, sphere of E’s chest part, who was sent back one time to the blue part

Accordingly, the defendant interfered with the proper execution of duties of police officers on the maintenance of public order and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each statement;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria;

(a) Determination of types: Crimes of obstruction of performance of official duties, obstruction of performance of official duties, and Category I (Obstruction of Performance of Official Duties);

(b) Scope of recommendations: Basic area, six months to one year and four months; and

3. Determination of sentence: Imprisonment with prison labor for six months, a suspended sentence of one year, and probation [fluoral circumstances] KRW 500,000,000 in total, and with physical disability Grade II (of August 200, there are symptoms, such as dementia, etc. due to damage to brain due to traffic accidents) [fluoral circumstances] that the quality of the crime is not good for obstruction of performance of official duties as a crime of obstruction of performance of official duties.

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