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(영문) 춘천지방법원 원주지원 2015.05.13 2015고단235
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 17, 2015, at around 20:35, the Defendant received 112 reports from the Defendant’s wife C’s wife’s residence in the Hanju-si apartment complex B, and received a request for presentation of identification card from the Defendant E, and the policeman F, who was called out.

Accordingly, the Defendant expressed the above police officers’ desire to “I am saw, I am inside and after the house, I am saw, I see that I would like to “I am you see, I am see, I am see, I am see, I am see, I am see, I am see, I am see, I am see, I am see, I am see, I am see, I am see, I am see, I am see, I am see, and I am am sick.” In addition, the Defendant assaulted F with the wall, such as “I am see, I am see, I am am am s

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and F

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

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

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria;

(a) Determination of types: Crimes of obstruction of performance of official duties, obstruction of performance of official duties, and Category I (Obstruction of Performance of Official Duties);

(b) A special breeder: No person;

(c) Scope of recommendations: Basic area, six months to one year and four months; and

3. Determination of sentence: Six months of imprisonment with prison labor and one year of suspended sentence (including the violence of a police officer dispatched after receiving a report from the defendant due to domestic violence, the degree of the violence is not easy, the non-agreement, and the absence of the same criminal record);

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