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(영문) 춘천지방법원 원주지원 2017.05.11 2017고단225
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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 18, 2017, the Defendant assaulted D in front of “Cnatt” located in “Cnatt” in “Cnat City B” on February 18, 2017. However, F, a public official of the police officer belonging to “Cnatt”, who was dispatched upon receipt of 112 report, controlled the Defendant, and took care of the face of the police officer at his hand, and obstructed the police officer’s crime prevention and the handling of the reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (from June to one year and six months) [the person subject to special sentencing] [decision of sentence] The crime of this case is a need to be strict to interfere with the performance of official duties in order to protect the legitimate performance of official duties of the State and to establish a sound social order in order to protect the proper performance of official duties of the State. The crime of this case is committed by assaulting a police officer’s face that leads to the crime of assault by the defendant. In light of the circumstances and methods leading to the crime, the crime is not poor, there is no record of criminal punishment for the same crime or violence, and there is no record of criminal punishment for the crime related to the same kind of crime, and other various circumstances, such as the defendant’s age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered by the Disposition.

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