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(영문) 청주지방법원 2019.08.20 2018고단552

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On November 22, 2016, the Defendant was sentenced to six months of imprisonment with labor for a crime of violation of the Road Traffic Act (unlicensed Operation) at the Cheongju District Court on November 22, 2016 and completed the execution of the sentence in the Cheongju Prison on May 24, 2017.

【Criminal Facts】

The defendant is a person who is subject to the attachment of electronic packaging on a regular basis at a probation office and is subject to probation, while the defendant is a public official who performs the supervision of persons subject to probation at the Cheongju Probation Office.

At around 00:40 on February 2, 2018, the Defendant, at the Cheongju probation Office located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongwon-si, notified the phone number of other persons subject to probation of his/her phone number, and attempted to put the Defendant at his/her probation office, including B, but not limited to a public official, and threatened B with B, with the Defendant’s body, tight parts of B’s body and the Defendant’s head in the Ba-gu.

Accordingly, the defendant assaulted and threatened public officials who execute legitimate duties concerning supervision of persons subject to probation.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning B and C;

1. Report on the occurrence of a crime subject to the obstruction of performance of official duties, detailed details of persons wearing an electronic device, details of search of prisoners, application of Acts and subordinate statutes on the scene of crimes;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties [Special Convicts]: Where the degree of violence, intimidation, and deception is minor, the element of aggravation: Basic area of motive for crime [the recommended area and the range of recommended punishment], and six months to one year and six months.

3. Determination of sentence: