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(영문) 청주지방법원 2014.05.15 2014고단288

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 28, 2014, around 01:00, the Defendant was under the influence of alcohol to the D District Unit of the Cheongju-gu Cheongju Police Station D District located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and was under the control of the said D Zone E and four police officers working in the situation.

Accordingly, in order to restrain E from doing so, the circumstances where E belongs to the above earth group, the Defendant was pushed off with E’s chest, and E was sent out from the above earth group.

Nevertheless, at around 01:40 on February 28, 2014, the Defendant re-entered the said D District Unit, and by threatening the police officers who had been on duty in the said district with the danger, such as “Influence of the inside and outside, the inside shall be the same as the inside, and the inside shall be the same as the inside, so that they may not be sold.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. 1 of the police statement with respect to E, and the application of the investigation report (CCTV printing report);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) Criteria for punishment and sentence [decision of punishment] Crimes of Obstruction of Performance of Official Duties, Obstruction of Performance of Official Duties, 1 Type (Special Aggravation of Obstruction of Performance of Official Duties) (Aggravated Punishment): In cases of carrying dangerous objects (the scope of recommendations), the area of aggravation of punishment, 1 to 4 years of imprisonment;

(b) Criteria for the suspension of execution [main reasons for the suspension of execution] Where dangerous articles are carried (general reasons for the suspension of execution): A person who has been sentenced to suspension of execution on at least two occasions, and positive reasons: