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(영문) 춘천지방법원 원주지원 2020.01.22 2019고단1081
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On October 10, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of assault in the original state branch of the Chuncheon District Court, and two years of suspended execution, and the judgment became final and conclusive on August 3, 2019.

【Criminal Facts】

On October 23, 2019, at around 23:05, the Defendant assaulted D by means of keeping D’s body with the large interest of “Neado Do Do Do Do Do Do Do do Do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 report processing and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The occurrence of cases such as obstruction of performance of official duties, autopsy reports, photo description, statement of 112 reported cases, investigation reports, and application of Acts and subordinate statutes concerning criminal records;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Although the reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act are favorable to the defendant, such as the fact that the defendant is in a depth of his mistake, the defendant was sentenced to imprisonment with prison labor, and the previous case is different from that of the defendant. Furthermore, the defendant committed the crime of this case without being aware of the fact that he was in the appellate trial due to the crime of assault as stated in the judgment of the court of appeal, and the crime of this case was committed in light of the method and result, etc., the nature and circumstances of the crime of this case are not less and less poor. In addition, considering the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the defendant's age, occupation, family relationship, health status, all circumstances including the crime of this case, and the crime of this case and the crime of assault as

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