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(영문) 춘천지방법원 2018.01.09 2017고단1128
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 11, 2017, at around 03:50, the Defendant discovered that police officers belonging to the Chuncheon Police Station Ear District of the Chuncheon Police Station, the victim who was dispatched after receiving the report of 112, get out of the patrol car to meet the reporter, and without any justifiable reason, “I am off the victim’s ship while taking a bath to be called, I am off the Defendant’s ship on one occasion with the Defendant’s ship, and am off the victim’s left chest with the second hand.

Accordingly, the defendant interfered with the public peace and order of the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (from June to one year and six months) (the person who has been subject to special sentencing) of the category 1 (Interference with the performance of official duties and coercion of duties) [Judgment of sentence] [Judgment of sentence], which appears to be contradictory to the defendant, and that some funds have been deposited for the victimized police officers, etc. are factors for sentencing favorable to the defendant.

However, even though the defendant had been sentenced to a fine due to a crime that interferes with the performance of official duties in January 2017, the fact that the defendant committed the same crime and that the degree of interference with the performance of official duties is not less than that of the defendant is an unfavorable sentencing factor against the defendant.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.

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