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(영문) 청주지방법원 2015.08.20 2015고단60

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 January 5, 2015, the Defendant: (a) at the “C cafeteria” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) reported on 112, the Defendant interfered with a police officer’s legitimate performance of duties regarding police officer’s 112 reporting duties by: (c) checking the reporter’s content; (d) E details and circumstances leading up to the Cheongju Police Station D District; and (e) demanding the Defendant to return home out of the said restaurant; and (d) 20:16.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Written statements of preparation of the F;

1. Application of the photographic Acts and subordinate statutes;

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 imprisonment for six months from June to April, the crime of this case is heavier in light of the background of the crime, poor circumstances or attitudes before and after the crime, etc.

However, the defendant's errors have been recognized in this court, and the criminal records of violence have been committed several times but all about ten years have passed, and no criminal record has been punished for obstruction of performance of official duties, and the defendant's age, character and conduct, occupation, family relationship, property status, etc. shall be determined by taking into account various sentencing conditions such as the defendant's age

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