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(영문) 춘천지방법원 강릉지원 2020.04.21 2020고단143
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 February 1, 2020, at around 00:12, the Defendant attempted to open another’s residence on the second floor of the Gangwon-si B, and “C cafeteria” building, and dumpeded from a hallway, the Defendant, upon receiving a report on the above facts from 112, and received a report on the above facts, and received a demand from E to return to E after getting out of the 1st floor of the building, along with the circumstances belonging to the D District Unit of the Gangwon-gu Police Station D Zone for the Gangwon-do Police Station, which was called to the site, and again carried out a building again, and E, with the Defendant’s right hand to prevent the front of the road, has broken down the chest part of the Defendant’s chest with tight hand, and has broken down the dump with the Defendant’s hand.

Accordingly, the defendant assaulted E and interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A criminal investigation report (Attachment of a photograph of a liquid camping), a closure photograph;

1. Application of investigation reports (Attachment to liquid campaigns images CDs), CD-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the applicable criminal facts;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of the community service order;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. Circumstances unfavorable to the determination of sentence: The conditions that require strict punishment for the crime of obstruction of performance of official duties for the establishment of a state’s legal order and the eradication of the state’s light of public authority: The defendant recognizes and reflects the crime; the defendant has no record of punishment for the same kind of crime; and the defendant has no record of punishment for the same kind of crime; the defendant’s age, character and behavior, environment, circumstances after the crime, and other various sentencing conditions specified in the records and arguments, such as the circumstances after

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