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(영문) 청주지방법원 2020.01.15 2019고단2114

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 became final and conclusive.

Reasons

Punishment of the crime

On August 6, 2019, at around 20:59, the Defendant reported a assault and used the Cheongju Police Station B District B District B, who was dispatched to the site, to conclude that the Defendant would receive the case from the Defendant, and assault C by cutting down the external b where the said C was in his hand.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of D;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months through one year and six months.

3. Six months of imprisonment with prison labor for the decision of sentence, two years of suspended sentence, and two years of suspended sentence: A favorable circumstance that there is a need to strictly punish the crime of obstruction of performance of official duties in order to establish the order of the rule of law: the defendant reflects the crime of this case, and there is no past record of suspended sentence or more, the above circumstances shall be determined as per the order, comprehensively taking into account the age, character and behavior, environment, motive