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(영문) 춘천지방법원 원주지원 2016.02.17 2015고단1102
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 17, 2015, the Defendant was asked of questions about the circumstances of the instant case, etc. from C during the patrol team belonging to the original police station, who was dispatched after receiving a report of 112 that the assault incident occurred in the Won-si B and 203 around 00:50 on November 17, 2015.

Does they grow up by inserting them;

C. The act of assaulting, such as “to throw away the dead body”, flabing the chest of the above C, keeping the chest, flabing the bat, etc.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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 impeding the performance of public duties, interference with the performance of public duties, and Type 1 (Interference with the performance of public duties);

(b) Special sentencing factors: Reduction factors - The degree of violence minor

(c) Scope of recommending punishment: Reduction area, range between eight months; and

3. Determination of sentence: Imprisonment with prison labor for not more than four months and suspension of execution for not more than two years (in consideration of the reflectivity, the fact that a criminal record has been committed before violence, the degree of violence and the fact

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