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(영문) 청주지방법원 제천지원 2015.06.11 2015고단123
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 April 9, 2015, around 20:55, the Defendant was under the influence of alcohol in the “D” located in Seocheon-si, and was under the influence of alcohol, without any particular reason, to take a bath for her business E, without any justifiable reason, and prevented the Defendant who continued to perform an excessive act and take a bath by G during the process of the police box belonging to the 112 police box dispatched upon receipt of the 112 report, and prevented G from performing his/her duties. As such, the Defendant: (a) took a bath to “to her to her head;” (b) took a bath to “to her head; (c) pushed his/her chest at his/her hand; and (d) interfered with the legitimate performance of duties by a police official who was performing his/her duties concerning the handling of the reported case at one time at the right side of G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G, E, and H;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to five years; and

2. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for six months to one year and four months (determination of types of punishment). The basic area (6 months to one year and four months) of the obstruction of performance of official duties shall be the category 1 (determination of the obstruction of performance of official duties).

3. The defendant's act of keeping the chest of a police officer in the course of performing his/her duties is highly favorable to the defendant, and the fact that the defendant led to the confession of the crime of this case and reflects against the defendant is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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