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(영문) 춘천지방법원 2017.05.30 2017고단207
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 28, 2017, the Defendant sought to get D with plastic chairss located in front of the above restaurant E convenience store at around 18:13, Gangnam-si, Gangwon-si, Gangwon-do. At around 18:13, the Defendant sought to get D in the process of settlement with D, a restaurant, and the settlement of the price, and D, upon reporting 112, sent to the Defendant upon receiving a report from the F District Unit of the Chuncheon Police Station G and the Assistant H.

In order to identify personal information in the process of confirming the details of the report, the Defendant stated that the damaged person who requested the presentation of his/her identification card “ging, ging, n.e.”

A. The police officer refused to confirm his/her personal information while she wanted to be "the her mother," and eventually arrested him/her as a flagrant offender under suspicion of assault, etc., she resisted the victim, asked the right side of the victim with a bridge, thereby causing an injury to the right side of the slot section, which requires approximately two weeks of medical treatment.

As a result, the Defendant interfered with the police officer's 112 report dispatch duty and legitimate execution of duties concerning arrest of flagrant offenders, and inflicted injury on the victim at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Medical certificates and photographs of damaged police officers;

1. Application of Chapter IV Acts and subordinate statutes to a photograph of a caps;

1. Article 136 (1) and Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a more severe crime of injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] General Injury [the scope of recommended punishment] : (4 months to one year and six months] basic area (special mitigation) / In the case of interference with the performance of official duties (the person subject to special mitigation] / In the case of injury in the course of obstructing the performance of official duties, it is assessed as an aggravated element of the crime of injury. Thus, the sentencing guidelines should not be applied separately to the obstruction of the performance of official duties] / [the sentencing guidelines should not be applied separately.]

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