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(영문) 춘천지방법원 2017.08.10 2017고단323
공무집행방해
Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for one year from the date of the final judgment of this case.

Reasons

Punishment of the crime

1. Defendant A: (a) around December 26, 2016, on the road in front of “Esing” located in Chuncheon-si, Gangwon-do, Gangwon-do; (b) “Fing two persons who drink with another vehicle.”

“Around the 112 report, the police officer assaulted G’s breast part of G with a defect in order to issue a Stick for a disturbance, which was sent to the site by the police station F District G of the Gangwon Chuncheon Police Station, or Haman with a defect in order to display a Stick for a disturbance, and used the chest part of H’s chest part once.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on field measures under 112 reports.

2. Defendant B committed assault by Defendant B, at the time, at the time, and at the place described in paragraph 1, Defendant B expressed his/her personal information to the Defendant and A, the police officer of the Gangwon-do Police Station F District, the Gangwon-do Police Station, who was dispatched to the scene after receiving a report as above 112, and Defendant B expressed his/her desire to “I will frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib frib fri, etc.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on field measures under 112 reports.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to G, H, I, and J;

1. The application of each Act and subordinate statutes to the 112 reported case processing table, a mobile phone image copying on the spot;

1. Defendants of the relevant legal provisions concerning criminal facts: Article 136(1) of the Criminal Act

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of a community service order: The sentence shall be determined as ordered by comprehensively taking account of the following conditions of sentencing for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing as shown in the records, such as the Defendants’ age, occupation, sex, family relation, economic situation, and circumstances before and after the commission of the crime (the sentencing criteria shall not apply since each of the of the instant offenses is in a mutually competitive relationship). The unfavorable normal sentence shall not be applied.

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