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(영문) 춘천지방법원 강릉지원 2016.12.21 2015고단1334
공무집행방해
Text

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

Reasons

Punishment of the crime

On October 31, 2015, around 00:15, the Defendant: (a) stopped on the road in front of the “C cafeteria” located in C cafeteria B; (b) the 112 patrol police officer, who was driven by C Doc police box, who was a police officer belonging to C Doc police box, was demanding the Defendant to stop on the road at a locking time; (c) the Defendant 112 patrol police officer, who was driven by C Doc police box, to drive

Then, the defendant was standing the patrol vehicle on the ground that the above circumstances did not stand the defendant at the patrol vehicle, and the defendant continued to be called the "satisfing and returning home" after the patrol vehicle was cut off from the patrol vehicle, and the defendant expressed his motive to "satfing the satfing police dog" to the E Inspector, and assaulted the E-Satfing with his hand, such as satfing off the bat and satfing the bat of the E-satfing.

As above, the Defendant interfered with the legitimate performance of duties by police officers concerning patrol duties.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. The police statement concerning F;

1. A service log of a police box;

1. Application of Acts and subordinate statutes concerning investigation reports (related to patrol vehicles, black boxes, video materials CDs);

1. The grounds for sentencing of Article 136(1) of the Criminal Act and Article 136(1) of the choice of punishment for the crime [the scope of recommending punishment] [the decision of sentence] of the obstruction of performance of official duties shall be set as the order of the defendant within the scope of the sentencing guidelines, taking into account the circumstances leading up to the crime of this case, the degree of violence, the degree of avoidance of trial and escape, etc.

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