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(영문) 춘천지방법원 2015.01.15 2014고단956
공무집행방해
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

On August 17, 2014, at the street in front of the Hongcheon High School located in Hongcheon-gun, 109-10 on the same day, the Defendant assaulted the Defendant on the ground that the police officer E (the police officer belonging to the Hongcheon Police Station F Zone F Zone) called out after receiving a report of disturbance from the Defendant at the D restaurant located in C on the same day, attempted to issue the Defendant with a warning crime for drinking alcohol. As a result, the Defendant was arrested as a flagrant offender and was arrested as a flagrant offender and taken in the F Zone at around 18:20 on the same day, and the police officer G (the police officer belonging to the Hongcheon Police Station F Zone) to take over the Defendant’s new disease to the Hongcheon Police Station around 19:0 on the same day. The Defendant sawd the Defendant’s defect in boarding the patrol vehicle, and caused the bridge, such as the bridge of the above G, and the bridge of the bridge.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of peace and order and the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E, G and H;

1. Application of statutes on the photograph of the case

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person [the scope of final sentence following the aggravation of multiple offenses] [the scope of final sentence due to the aggravation of multiple offenses] six months to two years [the extent of final sentence according to the aggravation of multiple offenses], such as the absence of agreement with the victims, and the expression of reflective intent at the time of committing the instant crime, and there is no record of criminal punishment heavier than the fine, there are favorable circumstances such as the degree of obstruction of performance of official duties, character and behavior of the defendant, and environment in these circumstances.

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