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(영문) 춘천지방법원 2017.05.25 2016고단1149
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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 September 24, 2016, the Defendant was suffering from a disturbance on the ground that the Defendant, at around 12:00 on September 24, 2016, called “D convenience store” before the “D convenience store,” was an employee of E, who is a convenience store, and the male customer gets a walk within the convenience store.

“A soldier is required to present an identification card from G(25) to a police officer of the F District of Korea (25) who was dispatched to the site after receiving a report of E 112.

A bitch bitch bitch bitch bitch bitch.

“In doing so, assaulted by hand that the chest of G was pushed down once.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. Application of photographs, CD-related Acts and subordinate statutes;

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 Criminal Act of the community service order;

1. Where the degree of violence, intimidation, and deceptive scheme is minor in the mitigation area (one month to eight months) of Class 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties) (person with a special mitigation), which is applicable to the sentencing criteria (the scope of a recommended punishment) and interfered with the performance of official duties;

2. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the age, occupation, sex, health status, family relationship, and circumstances before and after the commission of the crime:

Unfavorable circumstances: The act of assaulting a police officer who properly performs public duties is light of the law and order of the state and the public authority, and the nature of the crime is highly favorable: the case seems to be against the depth after being detained on April 21, 2017; the degree of assault is booming the chest on one occasion by hand; and there is no criminal record exceeding the same criminal history or fine.

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