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(영문) 춘천지방법원 2015.04.09 2015고단130
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On January 29, 2015, at around 21:10, the Defendant: (a) committed assault, such as d'(the circumstances belonging to the Chuncheon Police Station E zone) for a police officer, who was dispatched to the site after having received a report of the drinking value at the time of drinking at the “Cju” store located in Chuncheon-si B, and for the Defendant to pay the drinking value to the Defendant and return home; and (b) d's flab with his hand, d's flab, flab, etc.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of peace and order and the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Application of Acts and subordinate statutes to the G Reports;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act (the reasons for the sentencing below) of the suspended sentence [the scope of the recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of the performance of official duties (the special person) [the decision of the sentence] [the crime of obstruction of the performance of official duties as the state function realized by public officials should be punished strictly for the purpose of maintaining the order of the State and promoting public welfare.

However, in consideration of the fact that the degree of assault by the defendant is not severe, that the defendant has no same criminal record, and that the defendant is against the depth of the crime, the punishment shall be determined as per the disposition and the execution of the punishment shall be suspended.

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