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(영문) 춘천지방법원 2014.05.29 2014고단290
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 of the final judgment.

Reasons

Punishment of the crime

On April 1, 2014, around 01:49, the Defendant assaulted the police officer’s legitimate execution of duties relating to crime prevention and control, by committing assault, such as receiving a report from the Defendant’s sexual intercourse apartment 106, which was located in Chuncheon-si, 89-7, and being urged to return home from an slope D belonging to the Chuncheon Police Station C District, which was called out to the said place, due to the Defendant’s sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of DNA preparation, and the application of Acts and subordinate statutes governing violence victim photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is insignificant in the mitigated area (one to eight months) of the obstruction of performance of official duties (special mitigation) (one to one month), [decision of sentence] the defendant is sentenced as per the disposition for the reason that there is no other criminal record in addition to the punishment imposed for a violation of the Road Traffic Act in 2002 and 201 as a crime of violation of the Road Traffic Act in 201.

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