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(영문) 춘천지방법원 원주지원 2018.08.14 2018고단680
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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 May 2, 2018, the Defendant: (a) 427, as the Seogju-si, as the Seogju-si Council member, sent a plaque in front of the 2nd apartment guard room; (b) seeing that the Defendant returned from the police officer C belonging to the Kui-gu Police Station B, who was dispatched after receiving a report 112, and sent back to the 112, and assaulted the above police officer’s neck above the 112 report, thereby hindering the police officer’s performance of his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (from June to one year and six months) [Special Sentencing] [Determination of sentence] The crime of obstructing the performance of official duties by the State in order to protect the legitimate performance of official duties by the State and to establish a sound social order, it is necessary to strictize the crime of obstructing the performance of official duties, the degree of violence by the State is not easy, the defendant is recognized to mislead the defendant, the police station was found to have mispersiveness, the police station was punished, the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, and other various circumstances that form the conditions of sentencing as shown in the records, such as the circumstances after the crime, etc. shall be determined as ordered.

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