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(영문) 춘천지방법원 원주지원 2019.08.29 2018고단1124
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 22:20 on June 29, 2018, the Defendant reported on 112 on the street in front of “CPC bank” located in “CPC bank” in “CPC bank,” and used assault by the Defendant, without any justifiable reason, that the slope E belonging to the C Zone D District of the original police station called the Defendant to force the Defendant to return home, and that the Defendant used the said E to force the Defendant “hume” at one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

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 defendant reflects the crime of this case; the crime of this case appears to have occurred by the defendant under the influence of alcohol; the defendant is currently hospitalized treatment due to alcohol addiction; and other circumstances, including the defendant's age, character and conduct, environment, motive and circumstance of the crime, result of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the argument of this case, shall be determined as per the disposition.

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