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(영문) 청주지방법원 2015.08.13 2015고단381

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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 21, 2015, at around 00:50, the Defendant: (a) was asked questions about the circumstances of the instant case from the head E belonging to the D District District District District District District of the Chungcheongnam-gu Seoul District Police Station, the Defendant obstructed police officers’ legitimate performance of duties in relation to the handling of reports by assaulting upon the head E’s head and the parts of the 112 body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation;

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. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [decision of the type of punishment], the first category [decision of the recommended area] of the obstruction of performance of official duties, the basic area of the obstruction of official duties [the scope of sentence of recommendation] [the scope of punishment], six months to one year and April, the crime of this case is heavier in light of the circumstances of the crime, the degree of violence, and the circumstances before

Although the defendant acknowledges a mistake in this court, the defendant does not seem to have reached a serious reflectiveness.

In addition to the above circumstances, the punishment shall be determined by taking into account the fact that there is no previous conviction other than the fine due to the crime of damage to public goods in 2013, and various sentencing conditions, such as the age, character, conduct, occupation, etc. of the

[Determination of Sentence] Two years of probation, one hundred and twenty hours of community service in six months of imprisonment