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(영문) 춘천지방법원 영월지원 2017.11.21 2017고단424
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 15, 2017, the Defendant, at around 11:30 on September 15, 2017, 11:30, the Defendant: (a) obstructed the disturbance of the “C sacrine” room located in C Sacrine Group B, and (b) obstructed the victim’s face from C Sacrin or D (V, 47 years of age), who is an employee of C, and committed assault against the victim by taking the victim’s face into two descendants.

2. On September 15, 2017, the Defendant obstructed the performance of official duties, around 11:48, 2017, the Defendant received 112 reports from “C Mana,” and obstructed legitimate execution of duties in relation to the prevention of crimes by the police officer by assaulting a flash of the face of the police officer, in a flag, by assaulting the flash of the police officer’s face to a flash.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of D and G;

1. 112 Reporting case handling table;

1. Report on internal investigation (case of on-site conditions, etc.) and the application of Acts and subordinate statutes governing damaged photographs;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Obstruction of Execution of Official Duties) [Scope of the recommended punishment] and the scope of the final sentence due to the aggravation of multiple offenses, for which the basic area (from June to June 1) (the scope of the recommended punishment) that there is no person subject to a special sentencing] [the scope of the punishment] of the crimes of assault 2 (Assault) [the scope of the recommended punishment] of the basic area (from February to October] of Category 1 (General Violence) (no person subject to a special sentencing] of Category 1 (No person subject to a special sentencing]: Six months to November 6:

2. The fact that the defendant who was sentenced to punishment of this case recognized each of the crimes of this case, favorable circumstances such as the absence of the record of punishment exceeding the fine, and the fact that there was a record of punishment for the same kind of crime.

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