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(영문) 춘천지방법원 원주지원 2014.07.30 2014고단579
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On June 29, 2014, the Defendant: (a) around 20:10, the Defendant, while under the influence of alcohol, went to the victim’s house while under the influence of alcohol before the victim D (n, 62 years of age); (b) and (c) the victim’s entrance from the inside of the house to the victim; and (d) the victim’s entrance into the inside of the house, the Defendant used the victim’s desire to “spawn”, and used the gate to the victim’s hand.

2. The Defendant damaged the property by assaulting the victim D, such as paragraph 1, at the time, at the same time and place as that set forth in paragraph 1, and continuously generating capitals, thereby damaging the capital locking device owned by the next victim to enter into the market’s aesthetic repair cost.

3. The Defendant received 112 report while avoiding disturbance at the same time and place as stipulated in Paragraph (1) of the same Article, and received 112 report from the Hanju Police Station Edistrict, and sent out to the said place, and moved to the Defendant’s residence in Haju H, together with the above police officers at around 20:40 of the same day, and on the same day, the Defendant assaulted the Defendant at one time a part of a sloping G’s entrance to the Defendant’s house in Haju-si, stating that the Defendant “I Don Don Don Don Don Don Don Don Don.”

Accordingly, the defendant interfered with the proper execution of duties of police officers on the maintenance of public order and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to G and D

1. Relevant Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act (the point of assault, the choice of imprisonment), Article 366 of the Criminal Act and Article 136(1) of the Criminal Act concerning the crime (the point of obstructing execution of official duties and the choice of imprisonment);

1. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated for the offense of obstruction of performance of official duties, of the largest punishment);

1. The scope of punishment by law: Imprisonment for not more than seven years and not more than six months;

2. Application of the sentencing criteria;

(a)a type of assault;

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