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(영문) 춘천지방법원 원주지원 2018.01.12 2017고단1016
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 8, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Chuncheon District Court, and completed the execution of the sentence at the Ansan Prison on June 15, 2017.

【Criminal fact-finding on October 5, 2017, the Defendant: (a) discovered the circumstances leading up to the 1112 reported event in the vicinity of the bed area; (b) moved back to the patrol lane; and (c) led up twice the above E’s arms, and followed the above E while taking a bath, without any justifiable reason.

Since then, the above E was prevented from driving the patrol vehicle for about 8 minutes in front of the defect in order to drive the vehicle by boarding the patrol vehicle.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the 112 reported case by police officers and the operation of patrol cars.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation reports (verification of motion pictures and videos taken by police officers dispatched to the scene);

1. Previous convictions: References to inquiries about criminal history, reporting on the result of previous convictions not subject to disposition, and applying Acts and subordinate statutes to investigation reports (verification of repeated period);

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Sentencing (Scope of Recommendation) where the basic area (six months to one year and six months) (special mitigation) (special mitigation (special mitigation)), the extent of violence, intimidation, deceptive scheme, or interference with public duties is insignificant / Where the degree of interference is insignificant / [Scope of Recommendation] impeding the performance of public duties;

2. The Defendant has been punished for obstructing the performance of official duties two times in the past.

In addition, even though the period of repeated crime is in excess of the period, police officers who perform official duties were able to exercise force and interfere with the performance of official duties by exercising force, and in light of the motive and background leading the defendant to commit the crime, the quality of crime is not weak

The defendant's person who represents the legitimate exercise of public power and the legal order.

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