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(영문) 춘천지방법원 원주지원 2014.09.03 2014고단560
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 of the final judgment.

Reasons

Punishment of the crime

On May 19, 2014, at around 23:26, the Defendant: (a) filed a report on “C” in the name of “C” in “C” located in “Guiju City B; and (b) committed assault at one time by his hand, etc., from among those who were requested to return home from a slope E belonging to the Kui Police Station D District of the original Police Station called “C” that the drunk person interferes with his/her business.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria;

(a) Determination of types: Crimes of obstruction of performance of official duties, obstruction of performance of official duties, and Category I (Obstruction of Performance of Official Duties);

(b) Scope of recommendations: Basic area, six months to one year;

3. Determination of sentence [Slue circumstances] 30,00 won deposit, and absence of the same force (unfavorable circumstances] the quality of the crime as a person engaged in obstruction of performance of official duties is not good;

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