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(영문) 춘천지방법원 영월지원 2013.09.06 2013고단287
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 20, 2013, the Defendant, at the Defendant’s house located in Thai City around 21:21 on the ground that D, who was dispatched after receiving a report of domestic violence at the Defendant’s house located in Thai City, expressed the desire to “I reported, Chewing,” and continued to walk the above D’s upper part with left hand once, and the Defendant was arrested as a flagrant offender due to the obstruction of performance of official duties.

Accordingly, the defendant interfered with the police officer's 112 reporting operations and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, E, and F;

1. Application of statutes on photographs of damage;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of the balancing of recommendations according to the sentencing guidelines (each decision on the suspension of performance of official duties) / (decision on the suspension of official duties / [decision on the scope of recommendations] basic area / [decision on the suspension of official duties] / [the scope of recommendations] 6 months to 1 year and 4 months [the result of the aggravation of multiple offenses] 6 months to 2 years; and

2. The defendant has a criminal record and criminal records of the same kind in the decision of sentence, and the defendant was sentenced to two years of suspension of execution on July 2, 201, due to a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) in the Youngcheon District Court’s Young-gu Branch Branch Office on June 24, 201, and the decision became final and conclusive on July 2, 2011, and each of the crimes of this case during the period of suspension of execution is not less than the defendant’s liability for the crime of this case. However, the crime of this case appears to have occurred contingent, the defendant reflects his fault, and the defendant must support him.

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