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(영문) 춘천지방법원 2014.07.10 2014고단470
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 of the final judgment.

Reasons

Punishment of the crime

On May 10, 2014, at around 00:30 on May 10, 2014, the Defendant: (a) expressed the desire of the police officer D, who was under the influence of alcohol at the entrance of Chuncheon-si C Apartment (the circumstances belonging to the Chuncheon Police Station E District), to “draw so as to avoid the influence of alcohol at the entrance of the apartment; (b) assaulted D, by means of a shot-si sign, on the ground that drinking control was conducted at the entrance of the apartment at the entrance of the apartment.”

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with regard to F and D;

1. Application of Acts and subordinate statutes to investigation reports (specific suspect, measuring between bridges and G telephone communications);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The scope of sentence compared with the punishment of the punishment of the punishment of the punishment of the punishment of the punishment of the punishment of the punishment of the same kind 1 (Obstruction of Performance of Official Duties and Forced / Duties) (6-1 year and April): June-1 year (decision of sentence / June-1 year) should be taken into account that the defendant displayed a standing signboard to a police officer who is under the influence of drinking on the bridge and caused the danger that the above police officer may fall down on the bridge and caused the danger of falling on the bridge, but the defendant should be punished by the punishment of the defendant. However, the defendant is against the Punishment of Violences, etc. of the Punishment of Violences, etc. Act of 1995 by the crime of obstruction of Execution of Official Duties in 2008, not only the punishment of the fine of the punishment of the punishment of the fine of the 1.5 million won, but also the punishment of the defendant's mistake is divided.

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