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(영문) 춘천지방법원 2020.02.18 2019고단1096
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 of the final judgment.

Reasons

Punishment of the crime

On September 22, 2019, at around 09:30, the Defendant: (a) sent alcohol to the restaurant “C” located in Chuncheon-si B after drinking alcohol; and (b) demanded a restaurant operator to pay the drinking value by a slope E belonging to the Chuncheon Police Station D District, which was dispatched to the site upon receipt of a 112 report; (c) but without paying the drinking value, the Defendant provided a bath to E without paying the drinking value; and (d) demanded the F to present an identification card, the Defendant provided F with a bath to “meat, night,” and said F.

Then, the defendant was demanded to present a re-identification card from E, and the defendant was assaulted on two occasions by having the head of E as his head.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reported cases and crime prevention by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a criminal report (famp image verification);

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act, the choice of a sentence for an offense, and the choice of imprisonment ( Consideration of the fact that there exists the same electricity in around 2008 and has the power to interfere with business);

1. Article 62 (1) of the Criminal Act (including the fact that the defendant is against his/her will, the degree of exercising his/her tangible power, the degree of interference with public duties, the age, environment, family relationship, circumstances after the crime, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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