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(영문) 춘천지방법원 강릉지원 2018.02.08 2017고단1416
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 October 6, 2017, the Defendant was urged to refrain from re-entry into C after receiving a report from 112 while the said singinger C, which was located in Gangnam-si B, on the ground that the said singinger C does not send two vehicles, and was urged to return home.

On October 6, 2017, the Defendant found the D district located in Gangnam-si, 06:45 on October 6, 2017, and completed the patrol duty and carried out the patrol duty to the district, and used the E returned to the district as “I am knife, such as knife and knife, I am knife, and knife, I am am knife with the E’s breast part once with his finger and knife with his breast part once by hand.”

As a result, the Defendant committed a legitimate performance of duties on the maintenance of order within the police officer's boundary and the mobilization of report 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, comprehensively taking into account all the sentencing conditions in the instant case, such as the following circumstances, Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

The favorable circumstances: The fact that one's mistake is divided and reflected, and the extent of the assault is relatively minor: The defendant was recommended to return home on the spot and then the defendant abused the police officer to find him to the district, and the crime is not very good.

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