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(영문) 춘천지방법원 원주지원 2019.09.05 2019고단651
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 June 8, 2019, at around 01:08, the Defendant reported 112 to the effect that the Defendant would not locked by a sound from around the convenience store in the city of Won-si, the Defendant: (a) sent a voice to E and the Inspector F of the Kuju Police Station D District of the Kuju Police Station; (b) as close to E and as close to E, the Defendant saw “the son, I special, I special, I special, I special, I special, I am special, I am special, I am special, I am special.” (c) The Defendant was able to sell F’s right at his hand as I am. (d) On the other hand, I am special, while I am special, I am special, I am special, I am special, I am. (e.g., I am special, I am special, I am special.)

Accordingly, the defendant interfered with legitimate execution of duties concerning 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement in F and G;

1. 112 reported case handling table;

1. Photographs related to the case;

1. Application of Acts and subordinate statutes to a report on internal investigation (limited to a police officer's dyp image attached to a field);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Article 40 and Article 50 of the Criminal Act for the ordinary concurrent crimes;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (special sponsers): In cases where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment.

3. Determination of sentence: In addition to the above sentencing factors, the crime of this case appears to have occurred by the defendant under the influence of alcohol, the defendant's primary offender who has no record of criminal punishment, and all other circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, the result of the crime, and the circumstances after the crime, etc., are the conditions of sentencing as shown in the argument of this case.

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