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(영문) 춘천지방법원 원주지원 2015.02.04 2014고단1157
공무집행방해
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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 of the final judgment.

Reasons

Punishment of the crime

On November 10, 2014, from around 22:50 to 23:55, the Defendant: (a) took a bath to police officers within the C District B, without any justifiable reason, and requested them to “drawing off in the detention room”; (b) took a disturbance for about one hour on November 11, 2014, around 01:05, the police officer D belonging to the above C District would take the Defendant toward the “F cafeteria” located in E in the front of the said dwelling site; (c) opened the back door of the patrol; and (d) “I” took the front door of the said patrol to remove the Defendant from the front seat of the said patrol house; and (d) let the Defendant take the front door of the said 2nd 1st knife and walk the front knife; and (e) let the Defendant take the front knife by leaving the knife with the front knife; and (e) let the Defendant take the front door of the said k.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers such as protective measures against the host.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria;

(a) Determination of types: Crimes of obstruction of performance of official duties, obstruction of performance of official duties, and Category I (Obstruction of Performance of Official Duties);

(b) Scope of recommendations: Basic area, six months to one year;

3. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution two years, probation, community service order 40 hours, and violence therapy for forty hours; and

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