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(영문) 춘천지방법원 원주지원 2015.05.27 2015고단269
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 March 28, 2015, the Defendant: (a) boarded the victim B (year 46) taxi in the Hanju-dong-dong Pari-dong Pari-dong on March 23:5, 2015; (b) arrived at the D apartment set, the destination of which is the Plaintiff; (c) requested the victim to pay taxi charges; (d) under the influence of alcohol, requested the victim to pay the taxi charges; and (d) obstructed the victim’s “domination; and (d) did not have a license certificate; and (d) assault the victim’s right shoulder to drinking.”

2. On March 29, 2015, the Defendant engaged in obstruction of performance of official duties, around 00:08, committed assault, such as: (a) the Defendant was asked of questions about the circumstances of the instant case from F in the security guards belonging to the Kuju Police Station E District Unit of the Kuju Police Station, who was called out after receiving 112 reports that the Defendant had a taxi engineer and a Si guard; and (b) the Defendant committed assault, such as taking the rank attached to the above F’s work clothes in his/her hand, making him/her take the face of the said F in his/her drinking, and making him/her take the face one time.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of B’s written laws and regulations;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope that the punishment is added up the long-term punishment for the crime of obstruction of performance of official duties heavier than the punishment)

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria [Assault];

(a) Determination of types: Violence crimes, assault crimes, and first category;

(b) A special breeder: No person;

(c) Scope of recommendations: Basic area, two months to ten months [Obstruction of Performance of Official Duties]

(a) Determinations of types: obstruction of performance of official duties, obstruction of performance of official duties, and

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