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(영문) 청주지방법원 충주지원 2016.04.29 2016고단91
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 8, 2016, 2016, the Defendant received 112 reports from B apartment houses in front of B apartment guard room at the Chungcheongnam-si around 21:00, and received a recommendation to return home from C who belongs to the Chungcheong Police Station and dispatched to the said site.

Recognizing that she said she is inside the house, the she assaulted the left side of the face of the said C once.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and civil petition affairs by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

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

1. Application of the sentencing guidelines [Determination of types] There is no person who interferes with the performance of official duties, interference with the performance of official duties, one type (Interference with the performance of official duties and coercion of duties) [the scope of the decision and sentencing of recommendations] (the scope of the decision and sentencing of recommendations], the basic area, six months of imprisonment or one year and four months of April;

2. Circumstances unfavorable to the decision of sentence: The Defendant assaulted a police officer on official duty without any justifiable reason, and the Defendant’s liability is not easy in light of such circumstance and method.

The favorable circumstances: The defendant is against the defendant while recognizing all of the crimes of this case, and there is no record of criminal punishment against the defendant.

In addition, the damaged police officer expressed his intention to punish the defendant.

The punishment as ordered shall be determined in consideration of the above circumstances and the defendant's age, sex, environment, background, means and consequence of the crime, and the circumstances after the crime.

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