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(영문) 춘천지방법원 원주지원 2016.02.17 2015고단1174
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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

1. On November 12, 2015, around 23:35, the Defendant obstructed the performance of official duties, upon receiving a report that the case of assault was committed in front of the coffee shop set forth in B, and received a report from the head of the police station affiliated with the police station of the original State dispatched, and received a check from the head of the police station affiliated with the police station of the police station of the Republic of Korea, and assaulted the said E by hand, such as taking a bath, smugglinging the chest.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

2. Around November 13, 2015, the Defendant insultingd the victim’s victim H, who is a guard belonging to the said DNA group, in the Hanju Police Station D District on F on the ground that the police officer did not cover the lock and caused it to flow out on the ground that he did not leave the lock, etc., by publicly insulting the victim’s victim H, who is one of the circumstances surrounding the said DNA group, “I am, I am, I am, I am, and I am am.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. G statements;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment by law: Imprisonment with prison labor for not more than six years;

2. Application of the sentencing criteria (limited to a violation of the execution of public duties for which the sentencing criteria are set shall be deemed only);

(a) Determination of types: Crimes impeding the performance of public duties, interference with the performance of public duties, and Type 1 (Interference with the performance of public duties);

(b) Special sentencing factors: Reduction factors - The degree of violence minor

(c) Scope of recommending punishment: Reduction area, range between eight months; and

3. Determination of sentence: Imprisonment with prison labor for four months and suspended execution for two years (one year and two years before and after violence, the gravity of the case in which the police officer assaults and insults the police officer, the degree of damage, and the point that the damage is not recovered, etc.);

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