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(영문) 춘천지방법원 2017.11.27 2017고단968
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

피고인은 2017. 7. 11. 03:47 경 춘천시 석사동에 있는 석사 교 위에서 “ 경찰 처분에 불만이 있으니 다리에서 떨어져 죽을 것이다 ”라고 112에 신고 하였고, 춘천 경찰서 B 지구대 소속 경위 C, 순경 D이 신고를 받고 현장에 출동하자 “ 짭새 ”라고 욕설을 하며 다리 난간을 붙잡고 올라가려고 하였다.

The reason why C and Posman D are the defendant, and the person who was in the future of B patrol team with the patrol vehicle, and the defendant enter the patrol team, and whether the defendant "does not have died with the mind or not."

Recognizing that “A” was well-known and unfolded with the face of C and continued to have a credit card to the face of C.

As a result, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives and bodies.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of the photograph of the case that interferes with the performance of official duties, the list of 112 reported cases, the investigation report (verification of CCTV images on the site), and the application of the relevant Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The basic area (from June to June) of the sentencing criteria [Scope of the recommended punishment] and the basic area (from June to June) of the sentencing criteria;

2. Determination of sentence, taking into account the circumstances following the determination of sentence, the age, occupation, sex, and circumstances before and after the commission of the crime, and the conditions of sentencing as shown in the records, shall be determined as ordered.

D. Unfavorable circumstances: A crime of assaulting a police officer who was punished for committing suicide while taking a bath to the police officer who was in prison, is bad in the nature of the crime, and the circumstances of drinking at the time cannot be a reason for consideration: A crime is recognized and reflected, and there is no criminal record exceeding the same criminal record or fine.

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