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(영문) 춘천지방법원 속초지원 2014.10.15 2014고단319
공무집행방해등
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 of the final judgment.

Reasons

Punishment of the crime

On April 27, 2014, the Defendant: (a) stated that the Defendant was asked to pay taxi expenses and return home from the victim D (Nam, 50 years of age) in the territory of the Seocho Police Station C district of the Seocho Police Station, which was called by the Defendant after receiving a 112 report that the Defendant would not pay taxi expenses; (b) stated that the said D would be “spacking, spacking, spacking,” and led the above D’s left arms, and the victim E (50 years of age) who belongs to the territory of the Seocho Police Station C district of the Seocho Police Station, which was called to the site, was able to demand the payment of taxi expenses and return home; and (c) said E demanded the payment of taxi expenses and return home at the same time, and (d) said E tried to do so by assaulting the said E, i.e., “A., a son, a son, a son who does not need governance,” and (d) said Etho.

Accordingly, the defendant interfered with the above police officers' legitimate performance of duties concerning the maintenance of order and crime prevention and investigation, and at the same time, the defendant inflicted injury on the breast-pathal spathal in need of approximately one week medical treatment to the above E, and on the left-hand complete spathal in need of three weeks medical treatment to the above D, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, E, and D;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The defendant has been sentenced to two times a previous convictions related to violence, the circumstances favorable to the fact that no measure is taken to recover damage even though the victimized police officers suffered bodily injury: A confession and reflect; and the decision to punish him/her that he/she has no criminal record exceeding the previous convictions and fines for obstruction of performance of official duties: Six months of imprisonment, two years of suspended execution, and

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