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(영문) 춘천지방법원 2018.11.13 2018고단944
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 15, 2018, the Defendant rejected the Defendant’s demand to avoid a disturbance and return home from the slope E belonging to the D District Unit of the Chuncheon Police Station, which was called upon by receiving a report from 112 in front of the convenience store C in Switzerland, around 06:15, around September 15, 2018, that “the person who had continued sound before the convenience store gets to go to the other customers,” and said, “the person who had been called before the convenience store gets to go back to the floor of the above E two times,” such as “the person who has been called to go to the front of the convenience store .”

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Statement made by the police for E;

1. 112 Application of the 112 Reporting List, investigation report (videos and photographs) Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] The reason for obstructing the performance of official duties is likely to be criticized for the act of obstructing the performance of official duties by destroying police officers who wear a uniform (the sentence of June to one year) in excess of the basic area (the violation of the performance of official duties) / [the sentence of June to one year] in the manner as indicated in its holding.

The accused has been punished by a fine for the same crime in around 2010.

However, the defendant's act of pushing the defendant on his ship and chest is not relatively much serious to the extent of exercising tangible power.

Defendant is led to confession and reflect.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, means and result of the crime, shall be determined as ordered by considering the circumstances after the crime.

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