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(영문) 춘천지방법원 강릉지원 2014.05.27 2014고단212
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 March 11, 2014, at around 04:50, the Defendant told the Defendant to return home within the D convenience points located in the front of the Gangseo-si apartment, and the security guards belonging to the E District of the Gangseo-gu Police Station, which called the Defendant to return home, the Defendant obstructed the police officer’s legitimate performance of duties concerning F’s 112 patrol duties by carrying out a bath to the said F.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to G's written statements;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing);

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Scope of the sentencing guidelines for recommendations [decision of type] : The category of obstruction of the performance of official duties, the Category 1 (Special Convicts) (Obstruction of the Performance of Official Duties) - Where the degree of violence, etc. is insignificant (the scope of the decision on the recommended area and the balancing of recommendations): Imprisonment with prison labor for not more than eight months;

3. In light of the circumstances unfavorable to the defendant, such as the fact that the defendant was subject to criminal punishment for the same crime even in 2006, the depth of the crime of this case is against the defendant, the fact that there is no criminal record of a stay of execution or more than a stay of execution, etc. The defendant's health status is not good, and the house in which the defendant living was disposed of by auction, the defendant's age, character and conduct, family environment, etc., and all the conditions of sentencing as shown in the records and arguments

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