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(영문) 춘천지방법원 속초지원 2015.10.14 2015고단316
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 7, 2015, at least 22:20, the Defendant received a report on the occurrence of a traffic accident from the Defendant’s vehicle parked in the C cafeteria located in Seocho-si B, and received a demand from the police officer’s security guards belonging to the police station D District Unit of the Seocho-gu Police Station, the Defendant: (a) took a bath to “sprinks, internal and external traffic accidents, and is the victim of a traffic accident; (b) sprinks, she would grow up; and (c) taken off with the above E, and she was dispatched to the said E, and she took 2:3 times or three times in his her hand, she dump of the slope F’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s bage, thereby committing assaulting the above police officers.

Accordingly, the defendant interfered with the maintenance of order of the police officers, crime prevention and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Recording records;

1. Application of each investigative report (including each accompanying document, photograph, CD) statute;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing of Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] There is no person who has a basic sphere (six months to one year and four months) of the obstruction of performance of official duties (decision of sentence] [decision of sentence] 8 months of imprisonment, two years of suspension of execution, and conditions unfavorable to 80 hours of community service: A person who has been subject to two times of criminal punishment due to the obstruction of performance of official duties, and a person who has been subject to two times of criminal punishment due to the crime of obstruction of official duties, and a person who has no criminal record exceeding a fine due to the crime of obstruction of official duties and violence during the last ten years.

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