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(영문) 춘천지방법원 원주지원 2015.07.21 2015고단380
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On May 9, 2015, at around 10:25, the Defendant reported that he was a person without a watch in the front parking lot of 102 new apartment 105 dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

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

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

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Order to Attend Military Service [Determination of Punishment] - Types 1 (Obstruction of Performance of Official Duties/Performance of Duties) [Special Convicts] - Where the degree of assault, intimidation and deceptive scheme is minor, [in the area of recommendation, recommendation] mitigation, one month or August [whether suspended sentence is suspended] - Where the positive reasons for major participation are minor: positive reasons for ordinary participation - Where the degree of assault, intimidation and deceptive scheme is minor: The positive reasons for general participation are clear social relation - there is no criminal conviction or more than suspended sentence [decision of sentence] 6 months, suspended sentence 2 years, probation, community service order: The defendant exercised violence against police officers without any justifiable reason.

In 208 and 2012, the Defendant was sentenced to a fine for obstruction of performance of official duties, etc. respectively.

However, the defendant has made efforts to recover damage, such as deposit of KRW 500,000 in the future of the damaged police officer.

In consideration of these circumstances, the punishment as ordered shall be determined.

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