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(영문) 춘천지방법원 2017.08.28 2017고단591
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2017, the Defendant: (a) reported on “C” in front of “A” located in Chuncheon-si B on June 02:0, 2017; and (b) reported on “A” 112 to the effect that “A” was assaulted by a male, and was called out, the Defendant: (c) obstructed the victim’s breast in front of the defect in order to verify the circumstances of assaulted against F by D District Racing E, the police station located in Chuncheon-si; (d) cut off the victim’s chest by hand; and (e) pushed down the victim’s breast by hand.

“A sound,” and assaulted the victim’s chest and spawn by drinking.

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 made by the police for E;

1. Application of statutes governing field photographs, liquid campaigns, video recording video CDs;

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. Application of the sentencing criteria [Scope of the recommended punishment] and interference with the execution of public duties: The basic area (fence of the performance of public duties and coercion of the performance of 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: A favorable circumstance that assaults a police officer who has committed a legitimate performance of official duties due to his uniform: The fact that there is no past record of crime and only one criminal record of a fine, and the fact that the crime is recognized and reflected.

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