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(영문) 춘천지방법원 강릉지원 2018.07.26 2018고단451
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 May 17, 2018, the Defendant: (a) in front of the D District District of the Gangnam Police Station Down Police Station located in Gangnam-si, Gangnam-si; (b) in front of the D District District; (c) in front of the D District of the D District Police Station located in Gangnam-si, the Defendant was trying to correct the Defendant and verify his identity; and (d) in order for the police officer belonging to the D District to file a petition with the Defendant; and (e) the Defendant’s Rabbbbb

“Along with sound, the face of E was taken two times as head, and the chest of E was tightly pushed up three times by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by shots);

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as follows: (a) comprehensively taking into account all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, health conditions, the circumstances and results of the instant crime; and (b) the following circumstances.

The favorable circumstances: The fact that one's mistake is divided and reflected, and the circumstance that the defendant is the first offender is disadvantageous to him: The fact that the defendant assaults a police officer in the course of performing his official duties, which is not good to the nature of the crime, and the degree of the assault is not minor.

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