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(영문) 청주지방법원 2017.07.20 2017고단223

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 29, 2016, at around 21:30, the Defendant: (a) 112 reported that the Defendant, under the influence of alcohol, took part on the road; (b) transferred the Defendant to the sidewalk, and asked the Defendant personal information to return home; and (c) asked the Defendant “I son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son, son son son son son son son son son son son son son son son, son son son son son son son son son son son son, and interfere with the proper execution of public duties on the police officer’s protective measures and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to arrest and report cases;

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. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to attend a lecture, are not easy to determine the degree of assault. There is a lack of sentence of suspended sentence for the same kind of crime. The sentencing factors favorable to o are recognized as errors and reflectivity. The health of o is not good. In full view of the sentencing conditions under Article 51 of the Criminal Act, the sentence is set like the order.