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(영문) 춘천지방법원 강릉지원 2019.09.10 2019고단799
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On June 10, 2019, around 00:25, the Defendant: (a) received a report from 112 that “A woman who does not have the portraits” in front of B apartment C heading of the East Sea; (b) sent out by E of the Dong Sea Police Station D commander of the Dong Sea Police Station, F arrived at the scene and opened the front door and listen to the reporter’s contents; (c) carried out the opening door of the reporter’s house through open entrance; and (d) the police officer prevented the Defendant; and (c) obstructed the legitimate execution of duties concerning the prevention, suppression, and investigation of police officers’ crimes by assaulting the police officer, such as assaulting the reporter at the scene E’s seat.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to investigative reports (verification of motion pictures taken by police officers accompanying the police officers, and attachment of motion pictures CDs, etc.);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The circumstances favorable to the necessity of strict punishment for the crime of obstruction of performance of official duties to establish a state’s legal order and eradicate the light of public authority: The fact that the defendant recognizes and reflects the crime; the defendant has no record of punishment for the same kind of crime; and the defendant’s age, character and behavior, environment, background of the crime, circumstances after the crime, and other various sentencing conditions specified in the records and arguments of this case shall be determined as ordered by the disposition.

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