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(영문) 춘천지방법원 원주지원 2018.08.14 2018고단682
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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 29, 2018, at around 01:20, the Defendant was assaulted by the police officers E and F, who were dispatched to the site upon receiving a report from the Defendant, to demand a presentation of identification card, while taking a bath, and assaulting the Defendant’s chest part of the said police officers’ chest, who were fluent, and f’s hand son’s hand, with the right shoulder, and who were f’s hand son, etc., at the children’s park (No. 5) located in the 10 North Sung-gu, Sung-gu, Sungsung-gun, Chungcheongnam-do, Sung-do. The Defendant interfered with the performance of duties regarding the handling of the instant report by the said police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In order to protect the legitimate performance of official duties of the country with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act and to establish a sound social order, the crime of this case is used by two police officers, and the degree of violence in use is not less than that of the police officers, the crime of this case has no record of criminal punishment for the same kind of crime, there is no record of criminal punishment since 2001, and there is no record of criminal punishment after 209, and there is no record of criminal punishment after 209, and other various circumstances, including the defendant's age, sex, sexual behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the punishment is determined as ordered by the Disposition.

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