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(영문) 춘천지방법원 원주지원 2020.04.23 2019고단1527
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 5, 2019, at around 23:45, the Defendant: (a) received 112 report to the effect that “The Defendant was used on the street in front of the D cafeteria located in Kuju-si, and was urged by the police officer B belonging to the Kuju Police Station E to receive medical treatment; (b) the Defendant expressed that “this son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing affairs.

2. Around 00:05 on December 6, 2019, the Defendant of the obstruction of performance of official duties against police officers F, who wished to obtain re-medical treatment from the police officer EthicalF belonging to the Kuju Police Station in the H District G, in a timely fashion, and assaulted F, at the left port, the Defendant of the obstruction of performance of duties against the police officer F, with the desire to take a re-treatment at the H Zone EthicalF belonging to the Kuju Police Station.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and maintenance of public order of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Application of 3 copies of the relevant photographs, and 2 closure photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is against the crime of this case. The crime of this case is deemed to have occurred by the defendant under the influence of alcohol, the defendant has the same criminal record, and other circumstances revealed in the trial process of this case, such as the age, character and conduct, family relationship, environment, etc., shall be determined as ordered by a comprehensive consideration.

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