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(영문) 청주지방법원 2016.06.09 2016고단276

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:10 on August 18, 201, the Defendant was asked about the circumstances of the instant case from the police officer D belonging to the Cheongju-dong Police Station, Chungcheongnam-gu, Seoul, who was dispatched by the Defendant upon receipt of a report of intimidation against C in a de facto marital relationship, at the Defendant’s residence of Cheongju-gu 102, Cheongju-gu, Chungcheongnam-gu, Cheongju-gu, Cheongju-gu, the Defendant assaulted by the Defendant after being asked about the instant case.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers on criminal investigation and prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and D;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. Where the degree of violence committed by a person who has been specially mitigated in the mitigation area (one month to eight months) is insignificant in the scope of punishment recommending the sentencing criteria, and the extent of suspension of performance of official duties is insignificant;

2. Circumstances unfavorable to a decision on sentence of domestic violence: A condition unfavorable to a decision on sentence: A person who assaults a police officer dispatched after receiving a report on 112 concerning domestic violence and obstructs his/her legitimate performance of official duties, the defendant is sentenced to a two-time suspended sentence for crimes of current state building, fire and violence, etc.; he/she has committed a crime against himself/herself at the time of committing a crime; the degree of violence is not severe; the police officer who was locked after receiving a report on 112 when he/she was under the influence of questioning about the circumstances of domestic violence; and the punishment shall be determined as ordered by the order, taking into consideration the sentencing conditions under Article 51 of the Criminal Act;