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(영문) 청주지방법원 2017.03.22 2016고단2056

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:50 on July 4, 2016, the Defendant: (a) was arrested at the back seat of the police escorted in front of 155 Cheongju-si, a party in front of Cheongju-si, and was escorted to the detention room, and without any justifiable reason during the arrest of a flagrant offender at the “C” house located in the Cheongju-si, a party in front of Cheongju-si, and was escorted to the detention room, the Defendant obstructed the performance of official duties of D, who is a police official belonging to the police station equivalent to the police station corresponding to the Cheongju-si, who was driving at the driver’s seat, without any reason.

Summary of Evidence

Application of the police officer photographic Acts and subordinate statutes to the defendant's legal statement E, F

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

2. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] interference with the performance of official duties, and the basic area (from June to June) (the decision of the sentence] of Article 1 of the Act on the Suspension of Execution [the decision of the sentence] reflects the defendant's wrongness; the defendant is a primary offender who is relatively young and has no record of criminal punishment; the process of the crime; the character and conduct of the defendant; and the character and environment of the defendant, etc.; the sentencing guidelines shall be recommended to be lower than