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(영문) 춘천지방법원 강릉지원 2016.10.26 2016고단1087
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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 14:45 on July 12, 2016, the Defendant: (a) was drunkly in front of the C cafeteria in the East Sea; (b) was under the influence of liquor in front of the C cafeteria in the East Sea; and (c) was able to find out the circumstances of the instant case by the slope E belonging to the D District of the East Sea Police Station D District in the East Sea Police Station, which was called upon 112, the Defendant took an attitude that the Defendant was able to see the above F by using the f in mind, “if he was under the influence of flusium, flusium, flusium, flusium, flusium, flusium, flusium, flusium, flusium, flusium, and flusium, flusium, flusium, flusium, flusium.

The Defendant carried dangerous objects as above and obstructed police officers from performing their legitimate duties in relation to the prevention, suppression, and investigation of each crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. 112. List of reported cases;

1. The application of Acts and subordinate statutes to each investigation report (the attachment of a photographic picture taken by a small- or medium cell phone, which was used in committing a crime);

1. Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence and the choice of a sentence (the punishment provided for in the special obstruction of performance of official duties against E as stated in the holding that the crimes are more severe, and the punishment shall be imposed, and the choice of imprisonment shall be imposed);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The execution of punishment shall be postponed on the condition that social service is provided for a certain period of time in consideration of the basic area (a sentence of imprisonment with labor for six months to one year) [a sentence] reflectivity, the same military power is nonexistent, the defendant's family environment and health conditions, etc.

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