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(영문) 춘천지방법원 2018.01.24 2017고단931
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 6, 2017, the Defendant obstructed the performance of official duties at the site of dispatch, who was under the influence of alcohol in front of D on the street located in Chuncheon City, C, and was urged to return home after receiving a report of 112 dispatch from F of the police box affiliated with the police box of the Chuncheon Police Station, which arrived at the site after receiving a report of 112 dispatch, to return home.

Accordingly, the Defendant against the above police officers whether “Chewing singkes are police officers;

The breath of “the breath,” the bat of G bat and bather of F, and assaulted F’s fingers.

As a result, the defendant assaulted a police officer to perform his/her duties in relation to the dispatch of the site.

2. The Defendant interfered with the performance of official duties within the police box, as described in paragraph 1, and was arrested as a current offender, and immediately escorted to the E box located in H of Chuncheon City, and demanded the security guards I who were on duty at the place of the box to remove the lock and take a bath, such as “a dog,” and spit down the spit, etc. on the I’s face. Accordingly, the Defendant assaulted the police officer and interfered with the legitimate performance of duties concerning the situation of service within the police box.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of the respective laws and regulations of J and I

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. (Inter alia, Interference with the Execution of Official Duties by F and G);

1. Selection of each sentence of imprisonment;

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

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

1. The police in charge of protecting and observing protection and community service order Article 62-2 of the Criminal Act is three police officers with reason for sentencing, and the degree of the assault is not easy (the defendant was saved with F’s awareness) and interference with I’s performance of official duties within the police box, which was arrested as a flagrant offender of the crime of obstructing the performance of official duties.

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