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(영문) 춘천지방법원 영월지원 2014.06.27 2014고단109
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 November 15, 2013, from around 23:5 to around 00:20 on November 16, 2013, the Defendant reported to 112 to find one’s own vehicle at the Dael parking lot located in Thai City, and tried to find the key of the vehicle to F, who was in the position of the E zone belonging to the Taecheon Police Station E zone, and attempted to have the me to escape from F, and expressed F, who was under the control of F, “this patrolman, kins, kins, kins, kins, and kins.” The Defendant expressed that F’s chest was 3 to 4 times in hand, and f’s chest was f’s cell phone with a cell phone used.

Accordingly, the defendant assaulted police officers who perform their duties to interfere with the performance of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the application of the sentencing guidelines [the range of recommending punishment] obstruction of performance of official duties, Type 1 (Obstruction of Performance of Official Duties/Compulsory Performance of Duties), mitigation area (special mitigation person), and the extent of violence, intimidation and deceptive scheme is minor;

2. Consideration, such as the fact that there is no past record of the same criminal history or punishment exceeding a fine;

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