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(영문) 춘천지방법원 2014.11.27 2014고단966
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

At around 03:40 on August 10, 2014, the Defendant: (a) committed assault against D’s face at “Eju shop” operated by D(43 years of age) on the ground that D was broken of the Defendant for the settlement of alcoholic beverage payments; (b) on the same day, the Defendant received a report of assault against D’s face on two occasions; and (c) committed assault against D’s victim F (V) dispatched to the above site at around 04:10 on the same day, the Defendant was able to confirm the Defendant’s personal information, etc. as the head of the Defendant’s head.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of peace and order and the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Photographs photographs of victims and damaged articles;

1. Application of the statutes governing photographs of victims;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person in charge of obstruction of performance of official duties (6-1-4 months) [Decision of sentence] of the basic area (6-1-1-4 months] [Judgment of sentence] of the defendant has three different criminal records of the same kind of crime, unfavorable circumstances such as the absence of agreement with the victim up to the present day, such as the fact that the defendant does not agree with the victim, and expressed the intent of reflectivity while committing the crime of this case, and there is no record of criminal punishment heavier than the fine, and the sentence shall be determined as ordered in consideration of the degree of damage to the above circumstances, character and conduct of the defendant, the environment, and other various circumstances shown

It is so decided as per Disposition for the above reasons.

Public Prosecution Rejection Parts

1. Summary of each of the facts charged in the instant case

A. On August 10, 2014, the Defendant uses assault against the Victim H in front of the G District of the Chuncheon Police Station G District in Chuncheon City, I around 01:25.

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