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(영문) 춘천지방법원 2015.04.09 2015고단131
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 10, 2014, at around 21:50, the Defendant assaulted the face and chest of the above E by a police officer E (F District Police Station F District Police Station) who was dispatched to the site after having received a report of assault at the ‘D' task located in Chuncheon City C, upon receiving a report of assault from the reporter, in order to listen to the details of the report from the reporter.

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. Application of Acts and subordinate statutes on police statements in G and E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment for the obstruction of performance of official duties]. The punishment for the obstruction of official duties shall be limited to the punishment for the obstruction of official duties. The punishment for the obstruction of official duties shall be limited to six months to one year;

2. In order to establish the legal order of the country where the sentence was rendered and eradicate the light view of the public authority, there is a need to punish the crime of obstruction of the performance of official duties of this case, and the Defendant has already been punished for the same kind of crime, and there is an unfavorable circumstance.

On the other hand, there are favorable circumstances, such as the confession of the instant crime, and the Defendant reflects his mistake, and the instant crime appears to have been committed contingent, and the Defendant has no record of gross criminal punishment heavier than that of qualification suspension.

The punishment as ordered shall be determined in consideration of the above circumstances and other circumstances that form the conditions for sentencing, such as the Defendant’s age, character and conduct, environment, background, means and consequence of the crime, circumstances after the crime, and attitude in this Court.

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