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(영문) 춘천지방법원 속초지원 2017.06.07 2017고단74
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On September 12, 2016, the Defendant tried to go off from the patrol vehicle in order to take over the patrol vehicle to the criminal team of the next police station of the next police station of the next police station of the next police station of the next city of the next city of the next city of the next city of the next time after receiving a report of 112 that the Defendant was under the influence of alcohol without paying a disturbance at the alcohol level in front of the D District of the police station of the next city of the next city of the next time, and the circumstances belonging to E of the police station of the first police station of the next time who was called to the scene, and after being arrested by the police officer F as the current offender, while boarding the patrol vehicle. Accordingly, the defect that the Gyeong F intends to take the Defendant into the toilet of the Defendant “Isss are detained.”

This Chewing h., while carrying out the Defendant’s bath, he was influent with the Defendant’s hand and continuously assaulted the Defendant’s hand f’s hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police preparation with respect to F;

1. G documents;

1. Application of Acts and subordinate statutes to investigation reports (the application of victimF photographs and bathing images after taking the suspect in custody);

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. The fact that there is no record of punishment exceeding a fine against the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the defendant all of the crimes in this case, the fact that the defendant is treating the problem of division of labor, the defendant's previous conviction due to the act of violence such as joint injury, obstruction of duties, etc. three times, and the police officer's use of violence needs to be strictly punished in order to establish social order, and the punishment is determined as ordered in light of all the sentencing conditions such as the defendant's age, sex, sex, environment, background, means and consequence of the crime, and the circumstances after the crime.

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