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(영문) 춘천지방법원 2019.07.15 2019고단470
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 20:55 on May 15, 2019, the Defendant received 112 report from △△△△△ Hospital located in Gangwon-si, Gangwon-si, on the 15th day of May, 2019, stating that “the report of boom-type assault and boom-type assault and the customers need to boom.” On the ground that police officers belonging to the Chuncheon Police Station C zone, who were called out, prevented the Defendant from drinking while drinking the boom D(40 years of age) belonging to the said earth, and notified the Defendant of the buck-type principle when he arrested the Defendant as a flagrant offender, and “the buck-type 30 years of age”, the Defendant assaulted the Defendant into the face of the above E, and assaulted the Defendant once the left buck-type buck in order to board the Defendant with the buck-type patrol.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officials and the management of a suspect's illness arrested.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Investigative report (Attachment of screen pictures and videos during the arrest process);

1. Application of the video CD-related Acts and subordinate statutes

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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has history of committing the instant crime under the influence of alcohol, and the Defendant committed the instant crime under the influence of alcohol, taking into account all the circumstances such as the Defendant’s age, character and conduct, and circumstances before and after the instant crime, etc., which are favorable to the victim, such as the fact that the crime of obstruction of performance of official duties in this case is bad and bad, the victim and the victim became aware of the agreement with the victims, and that the victims did not have any injury, etc., the punishment as ordered shall be determined as per Disposition.

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