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(영문) 춘천지방법원 원주지원 2015.05.19 2015고단260
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

At around 04:20 on March 4, 2015, the Defendant driven the Defendant’s Eoldo on the front side of D in the Won-si, the Defendant stopped after receiving 112 report that the F was arrested, and was demanded to stop from the Hanju Police Station G Zone G District H, etc. affiliated with the said vehicle, and was asked questions about the circumstances of the instant case, the Defendant: (a) at the time of sudden interest, sent a desire for police officers not to enter the said H to take a bath; (b) threatened the police officers to go through the said I’s fatch; and (c) obstructed the Defendant’s fatch to go through the said I’s fatch; and (d) assaulted the Defendant’s left side side of the slope; and (e) assaulted the fat, fating the slope’s right side part of the J slope.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and J;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment prescribed for the crime of obstruction of performance of official duties against the grave J of the principal offense);

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Determination of the Punishment] The reason for the sentencing of Article 62(1) of the Criminal Code of the Republic of Korea (the sentence of the Suspension of Performance of Official Duties] (the recommendation field and recommendation type), the basic area of the obstruction of performance of official duties [the suspension of execution], six-one year and four months [the suspension of execution] - the positive reason for general participation - there is no criminal conviction or more than serious reflectness, the suspension of execution of official duties [the decision of the sentence] six months

And the defendant has been punished as an act of violence.

However, as the case was inspected by the police officer due to the misunderstanding report, there are circumstances to consider the motive that the defendant who caused the misunderstanding was using violence.

In addition, the defendant reflects his mistake.

3.2

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