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(영문) 춘천지방법원 영월지원 2013.11.05 2013고단421
공무집행방해등
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

1. On August 2, 2013, from around 01:29 to 01:44 on the same day, the Defendant obstructed the victim’s marina business by force by getting the victim C from the DNA set up on the brea line with which he was in possession of the victim C in Thai City B, and by getting the victim her to sit on the blacule, and by getting the victim her to enter the blacule, such as blaco recognition of bar codes and the filling of transportation cards, etc.

2. At around 01:34, Aug. 2, 2013, at the same place as the preceding paragraph, the Defendant: (a) was under the influence of alcohol and received a report from the Defendant, and was under the influence of alcohol, and (b) was under the influence of alcohol, and (c) was under the influence of the Defendant, while he was under the influence of alcohol and was under the influence of alcohol, he was under the influence of the Defendant, and was under the influence of the Defendant. At around 02:25 of the same day, the Defendant was under the influence of the Defendant, at around 01:25, she was under the influence of the Defendant, she was under the influence of the Defendant, she was under the influence of the Defendant, she was under the influence of the Defendant’s fatth of the fat at his hand, with a defect in arresting the Defendant as a flagrant offender.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to G, F, and C;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of obstruction of performance of official duties) concerning the relevant criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1448, Apr. 1,

1. The reason for sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is the sentencing guideline, and the range of balancing of recommendations (each crime of obstruction of performance of official duties) shall be as follows.

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