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(영문) 춘천지방법원 원주지원 2015.02.04 2014고단1112
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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is a cook who works in a “D” restaurant operated by Gangwon-gun B located in Gangwon-gun B.

On December 6, 2014, the Defendant assaulted F in front of the above restaurant, such as “C was dead at the restaurant,” and “C was in front of the restaurant to enter the restaurant for on-the-spot inspection,” and “hing off the front thereof, so it would be necessary to see it,” and “hing off the front thereof,” and “hing off the F’s face at one time in front of the restaurant.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

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;

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 six months, a stay of execution one year, and forty hours from the lecture of violent therapy [ffort circumstances] see, e.g., 23 pages of investigation records upon request of the police officer in charge of causing damage, see, e.g., reflectivity, or no special criminal record [ffort circumstances] the face of a police officer is not good for a crime to be committed;

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