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(영문) 춘천지방법원 원주지원 2016.04.12 2016고단115
공무집행방해등
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

On January 25, 2016, the Defendant: (a) on the front side of “C” located in “C” in “C” in “C”, and (b) on the front side of “C” in “C” in “C” in “C”, upon receiving a report from the Defendant 112, the Defendant obstructed the Defendant’s disturbance by a private victim E, a private police officer affiliated with the Gangwon Police Station D District of the Gangwon Police Station called up. At the same time,

F 등이 듣고 있는 가운데 위 E에게 “ 야 짭새 새끼 좆도, 야 이 씹새끼야 지랄 말고 꺼져 이 씨 발 놈 아 죽여 버리기 전에 꺼져 씨 발 놈 아 아 진짜 뒤질라 고 씨 발 놈 아 ”라고 큰소리로 말하여 욕설을 하고, 어깨 부위로 위 E의 가슴 부위를 두 차례 밀쳤다.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the handling of reports, and openly insultd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of the F and H respective Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture [the scope of the recommended sentence] There is no person [the person who has been subject to special sentencing] in the basic area (6 months to 1 year and 4 months) of the first category of the order to obstruct the performance of official duties (the scope of the recommended sentence] [the person who has been subject to special sentencing] [the decision of sentence] six months of imprisonment, the suspension of execution one year, and the defendant under the order to attend a lecture, under the influence of alcohol, assault and take a bath for police officers performing official duties, and

However, the defendant reflects the wrongness of the defendant.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

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