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(영문) 춘천지방법원 2014.10.07 2014고단718
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes concerning D statements;

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

1. Article 62 (1) of the Criminal Act (Incompetence of the suspension of execution and considering the fact that there is no criminal record of imprisonment without prison labor or heavier punishment for the latest three years);

1. The reason for 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 sentencing sentence that has no basic area (6-1-4 months and month) (6-1-4 months) of the obstruction of performance of official duties and recommended range of sentence: June-1 year and four months (decision of sentence]; Defendant has multiple violent force in addition to the instant case; Defendant’s aforementioned decision of sentence should be taken into account as a heavy sentencing factor; however, considering all the circumstances revealed in the argument process of the instant case, such as the reasons for probation and community service order taking into account, the sentence is determined as per the Disposition.

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