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(영문) 춘천지방법원 2015.09.17 2015고단386
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

On February 17, 2015, at around 21:10 on the road of "D" located in Chuncheon City C, and after receiving a report from 112, the Defendant sent to the slope F belonging to the E District Unit of the Chuncheon Police Station, "I am knife, I am knife", and "I am knife and knife I am for the victim's right chest with the right drinking."

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of civil petitions by police officers 112.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment for the obstruction of performance of official duties]. The punishment for the obstruction of official duties shall be limited to the punishment for the obstruction of official duties. The punishment for the obstruction of official duties shall be limited to six months to one year;

2. There is a need for strict punishment for the crime of obstruction of performance of official duties in order to establish the legal order of the country where the sentence was determined and eradicate the light view of public authority, and there is an unfavorable circumstance such as that the Defendant has already been punished for damage to public goods.

On the other hand, there are extenuating circumstances such as the confession of the crime of this case and the mistake is divided, and the crime of this case appears to have been committed contingent, and the degree of assault is not serious in the crime of this case.

The punishment shall be determined as ordered in consideration of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence leading to the instant crime, the circumstances after the crime was committed, and all other circumstances constituting the conditions for sentencing as shown in the records and pleadings of the instant case.

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