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(영문) 춘천지방법원속초지원 2020.11.11 2020고단86
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 March 13, 2020, at around 21:50, the Defendant assaulted “C” in Yangyangyang-gun B, which is located in Gangnamyang-gun, by drinkingly reporting 112 that there was a person who frighting, and demanding the Defendant to return home to the Defendant, the police box of the Gangwon-gu Police Station D (the age of 47) Police Station D (the age of 47) sent out after receiving a report of 112 that the Defendant flabeded “Wing flap bp bp bp bp bp bp bp bp bp b

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report internal investigation (field conditions, etc.);

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

1. Article 62 (1) of the Criminal Act;

1. The defendant's erroneous reasoning for sentencing under Article 62-2 of the Social Service Order Criminal Act is recognized.

However, the defendant has been subject to criminal punishment several times due to violent crimes, and the obstruction of performance of official duties requires especially strict punishment for the establishment of legal order and the eradication of the light of public authority.

In addition, the sentence shall be determined as per the disposition in consideration of all the conditions of sentencing, such as the circumstances of the crime in this case and the degree of violence exercised by the defendant.

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