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(영문) 춘천지방법원 원주지원 2016.07.12 2016고단438
공무집행방해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 26, 2016, the Defendant: (a) around 00:05, on the front side of the packing package run by the Victim C (51 older) located in Won-si, Seoul; (b) on the front side of the packing package run by the Victim C (51 older). Without any reason, the Defendant was faced with two faces of the victim’s face.

Accordingly, the defendant assaulted the victim.

2. 공무집행 방해 피고인은 2016. 4. 26. 00:30 경 위 제 1 항 기재 장소에서, 위 제 1 항 기재와 같은 폭행 사건으로 112 신고를 받고 출동한 원주 경찰서 D 지구대 소속 순경 E이 피고인을 상대로 사건 경위를 파악하면서 피고 인의 인적 사항을 묻자, “ 몰라 씹할 놈 아, 짭새 새끼야, 씹할 끝까지 간다, 난 전과자 다, 마음대로 해 봐라, 니가 알아서 뭐 하냐,

Chewing frank, which is the same as a bitch bitch bitch bitch bitch bitch, which is the last day, and was boomed by hand with the above E’s arms and franch franch.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the prevention and investigation of crimes by police officials and the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, C, and F;

1. A report on internal investigation (on-site mobilization conditions);

1. Application of statutes on site photographs;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 260 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Class 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) and the basic area (from June to one year and four months) (the person who is subject to special sentencing) (the person who is subject to special sentencing).

2. The basic area (from February to October) of the second crime (in the case of violence) (in the case of violence), the basic area (in the case of general assault) of the second crime (in the case of violence, there is no special sentencing person).

3. The scope of final sentence due to the aggravation of multiple offenses: Six months to one year and nine months; and

4. Determination of sentence: Imprisonment for not less than eight months; and

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