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(영문) 춘천지방법원 원주지원 2016.11.07 2016고단809
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

1. On March 5, 2016, around 13:54, the Defendant committed assault, such as: (a) the first floor C branch office of the Kuju Police Station, the Hanju Police Station, and (b) the senior D (the age of 47) of the Kuju Police Station, on the ground that the said D was fined due to the case investigated by the said D; (c) the Defendant committed an assault, under the influence of alcohol, on the ground that he was under the influence of alcohol, at the office of the Kuju Police Station, which was in the process of preparing the protocol for an investigation; and (d) when the police officer E (the age of 28) under the same control.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on criminal investigation and civil petition handling affairs.

2. Around March 5, 2016, the Defendant assaulted the victim’s face, face, and body part by hand on the ground that he/she was punished due to the victim’s G (the age of 47, female)’s residence located in the original city F, and was punished by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of E and D;

1. Articles 136 (1) and 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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