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(영문) 춘천지방법원 2014.08.28 2014고단553
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

On April 18, 2014, at around 01:15, the Defendant: (a) sent to the site after receiving a report on the disturbance from the Cscki in Chuncheon-si B; and (b) the police officer D (the slope belonging to the Escopon Police Station Escopon) sent to the site in order to verify personal information; and (c) committed assault against the D by his body.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reporting on dispatch to the scene of violence, and application of the relevant photographic Acts and subordinate statutes;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The scope of sentence compared with the sentencing sentence that has no basic area (6-1-1-4 months) (6-1-6 months) of the obstruction of performance of official duties and the recommended range of sentence: June-1 year (decision of sentence] is against the defendant's wrongness; the defendant has been punished several times of imprisonment, suspension of execution and fine, but there are no past records of the same kind of punishment. It is so decided as per Disposition on the grounds that there are no criminal records.

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