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(영문) 춘천지방법원 원주지원 2014.07.23 2014고단498
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 2, 2014, around 20:45, the Defendant: (a) reported that he was a person who frighting, and was requested to return home from the head E belonging to the main police station D District Unit of the original police station D District, the Defendant called “one fright” and “one fright”; (b) the Defendant continued to write off the fright E in three instances, and “one fright,” the fright of the fright E in three instances, and the fright is called as “one fright,” and the Defendant assaulted the fright E, the fright of which was not refrighted to the Defendant.

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 on police statement to E;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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, suspension of execution for two years, and 24 hours (shorted circumstances) of the order to attend a lecture, the degree of assault is relatively unhulled rice, halfel (nonfluent circumstances) and the quality of the crime is not good for the crime of obstruction of performance of official duties;

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