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(영문) 춘천지방법원 영월지원 2019.11.26 2019고단372
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 00:02 on July 19, 2019, the Defendant insultingd the victim, who was requested by the victim E, a police officer of the C police station, who was on duty in the district at the time, to present his/her identification card, as a matter of the drinking price payment in the singing room, and was asked by the victim E, a police officer of the C police station, who was on duty in the district at the time, to present his/her identification card. As such, the Defendant made a public insult of the victim by openly insulting the victim “whether he/she is unable to verify his/her identification card, for whom whom he/she needs to do,”

2. The Defendant, at the time and place indicated in the foregoing paragraph 1, heard the words “dwars and humsium” from the F of the C police station’s position, and tried the above F to enter the business space of the police officer in which “this schep ought to go once.” As the F was removed from the foregoing, the Defendant pushed the F’s chest and pushed the f’s chest.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on civil petitioners' response and civil petition treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and E by the police;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to the screen by capturing CCTV images;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: One to six years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. No. 2 (Determination of Punishment) and defamation crimes are included in the category No. 1.

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