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(영문) 청주지방법원 2015.02.12 2014고단798

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 20:40 on April 26, 2014, the Defendant: (a) was under the influence of alcohol, while driving the EKan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Application of Acts and subordinate statutes to the defendant's interrogation protocol

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment], Type 1 of the obstruction of performance of official duties [Special Convicts] - Where the degree of assault and threat is minor: In the event that there are many damaged public officials, [the scope of sentence of recommendation] basic area [the scope of sentence of recommendation] [the scope of sentence of recommendation] 6 months to 1 year and 4 months [the main reason for suspended execution] - There is no reason for denial: In the case where the degree of assault and threat is minor, the defendant did not recognize mistake while denying the crime, and there is a criminal conviction due to the crime of obstruction of performance of official duties even around 2005, and the background leading up to the crime and the defendant.