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(영문) 춘천지방법원 강릉지원 2015.02.12 2014고단1141
공무집행방해등
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 November 23, 2014, at the “D Hospital” emergency room located in the East Sea C at the same time on November 23, 2014, the Defendant was unable to avoid disturbance on the ground that he did not properly treat the person under the influence of alcohol. Upon receiving a report from the hospital, the Defendant sent the police officer F et al. of the East Sea Police Station E-gu Police Station and one other.

When the victim guard F, a police officer, recommended the Defendant to return home, the Defendant expressed that “I have been in the hospital due to a traffic accident, why is why the police officer will interfere with, and that I will not see why you will see, if you will not see it?” The Defendant openly insulting the victim while a nurse and a patient are in the middle of the nurse and the patient. The Defendant assaulted the police officer F, a police officer who continued to stop the disturbance, and G, who was the police officer to stop him from drinking, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of reports by the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of the G production;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and Article 136 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. Suspension of execution under Article 62 (1) of the Criminal Act (the punishment of a fine of up to 500,000 won for attempted damage to public goods in 2014 shall be imposed, considering favorable circumstances, such as unfavorable circumstances, serious reflectness, and lack of criminal punishment exceeding a fine, etc.);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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