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(영문) 춘천지방법원 2015.01.22 2014고단1211
공무집행방해등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 16, 2014, the Defendant committed assault, such as assaulting two times in both hands, when the police officers B (police officers belonging to the Chuncheon Police Station C Zone) dispatched to the site and directed the Defendant to have the Defendant returned home, on two occasions, at the same time as the said police officers sent to the site after receiving a report that he/she was disputing the issue of taxi drivers and fare in front of the Samcheon Apartment apartment, Ycheon-gun, Hongcheon-gun, Namcheon-ro, Ycheon-ro, 5-ro, Namcheon-ro.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace.

2. In a case where the Defendant heard taxi articles D, etc. at a time and at a place specified in paragraph (1), the Defendant publicly insultingd the victim B by speaking to the victim B as “Chewing fix.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Basic area (6 to 1.4 months) of the basic area (6 to 1.4 months) of the obstruction of performance of official duties (the scope of recommendation)

2. The offense of insult is not subject to the sentencing criteria; and

3. The lower limit according to the standards for handling multiple concurrent crimes referred to in the former part of Article 37 between the crimes for which the guidelines for sentencing are set and the crimes for which the guidelines for sentencing have not been set, the lower limit shall be set according to the standards for handling multiple concurrent crimes referred to in the former part of Article 37, for which six months have not less than six months and not more than six years (the lower limit shall be set according to the standards for sentencing for

4. Determination of sentence;

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