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(영문) 춘천지방법원 2015.05.28 2014고단1183
공무집행방해
Text

1. The defendant shall be punished by imprisonment for four months;

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

3.

Reasons

Punishment of the crime

On October 26, 2014, at around 22:50, the Defendant assaulted C (the circumstances belonging to the D Zone of the Chuncheon Police Station) who was dispatched to the site after receiving a report on marital fighting at the home of the Defendant at Chuncheon B apartment 104, 103, 103, on October 26, 2014, in order to listen to the reported details to the Defendant’s wife E, by hand, at one time a part of C’s title, and when C’s chest was defective in order to control the Defendant who was sent to E.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as photographs of damaged parts;

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

1. Article 62 (1) of the Criminal Act (The following favorable circumstances in light of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the case where the degree of violence, intimidation, and deceptive scheme is minor (determination of sentence] in the area of mitigation (one to eight months) of the area of obstruction of performance of official duties (special mitigation), the degree of assault by the defendant is somewhat minor, the defendant does not have the same criminal record as the defendant, there is no criminal record above the suspension of execution, and there are no criminal records above the suspension of execution, the crime against the defendant, etc., the punishment shall be determined

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