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(영문) 춘천지방법원 원주지원 2016.02.17 2015고단1098
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 11, 2015, the Defendant, at the construction site near the Kuju-si, 233, and at the construction site near the Kuju-gu, 112, recommended the Defendant to return home from the police station C District Team affiliated with the Kuju-gu Police Station D, E, and she was able to take a bath not to put in his/her entrance, and assault the Defendant, by hand, to have the chest part of the said D’s breast part flick, tightly tight, flick, flishing the drinking, etc.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written statement;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria;

(a) Determination of types: Crimes impeding the performance of public duties, interference with the performance of public duties, and Type 1 (Interference with the performance of public duties);

(b) Special sentencing factors: Reduction factors - The degree of violence minor

(c) Scope of recommending punishment: Reduction area, range between eight months; and

3. Determination of sentence: Imprisonment with prison labor for not more than four months, suspension of execution for one year (in consideration of the reflectivity, the fact of previous convictions in the same kind of fine, the degree of assault and the fact of not recovering

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