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(영문) 춘천지방법원 2017.06.20 2017고단245
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on December 24, 2016, the Defendant: (a) expressed a desire to separate D and the Defendant at the Defendant’s wife’s house located in Hongcheon-gun, Gangwon-do, that “I am her husband with a her husband, leaving the door, and going against disturbance” at the Defendant’s wife’s house located in Hongcheon-gun, Gangwon-do; (b) expressed a desire to separate D and the Defendant at the Defendant’s request, “I am son who was sent back to the site after receiving a report 112; and (c) expressed that “I am son who was not as her mother at the house of Hongcheon-gun, Seoul-do; and (d) assaulted the Defendant’s left side side of the said F and the qui who was to carry out the said G’s left hand hand.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on field measures according to 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of the Acts and subordinate statutes of photographs, such as violence part;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend Education [Scope of Recommendation] There is no basic area [6 months to one year and six months] [Special Sentencing] [Judgment of sentence] as factors for sentencing favorable to the defendant, such as the defendant's recognition of the crime of this case, and the fact that the defendant seems to be divided. The defendant's legitimate execution of official duties by exercising violence against two police officers in the process of performing official duties is not easy, and the defendant does not have any degree of interference with the execution of official duties, and it is not easy that the defendant has been punished several times as suspension of execution or fine due to violent crimes, and that it appears that the defendant was unable to receive a letter from the police officer due to damage, and all other conditions for sentencing of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, etc., are considered as factors for sentencing, and all other conditions for sentencing of this case, such as the defendant's age, sex, environment, crime, motive and circumstances after the crime, etc.

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