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(영문) 청주지방법원 2018.05.24 2017고단1538

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

On April 29, 2017, the Defendant assaulted, around 08:50, on the street in front of the C cafeteria located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, the Cheongju-gu, the Cheongju-gu, the D branch of the D branch of the D branch of the D branch of the Cheongju-gu, the Cheongju-gu, the Cheongju-gu, the 112 reported and sent to the other party on the part of the Sinju-gu, the Defendant was asked to make a statement on his personal information, and the Defendant received a request for the statement on his personal information.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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 of the community service order;

1. Where the sentencing criteria [Scope of the recommended punishment] is minor in the area of mitigation (one month to eight months), such as assault, intimidation, deceptive scheme, or obstruction of public duty, in the area of mitigation (any person who obstructs the performance of public duties and any duty shall be forced).

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The fact that the nature of the crime is inferior by exercising force against the police officers in the course of performing official duties due to their uniform arrest, the fact that the obstruction of performing official duties is required to strictly cope with the public authority of the State, and to establish the order of the rule of law, the confessions that are not agreed with the victim, the extent of the assault is relatively minor, and the fact that there is no record of the same crime.