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(영문) 청주지방법원 2017.08.31 2017고단547
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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 February 1, 2017, around 23:20, the Defendant assaulted G while the slope E belonging to the police station D District and the Inspector F sent to the site after receiving a report from 112 and confirming the contents of the report against G, within the scope of the Cheongju-si B, 2 (B, and C main points) of the Cheongju-si, Cheongju-si, Cheongju-si, 2017.

C. The desire was made to “Sbuck in s............ on the left side of the above E, the next police officer’s legitimate performance of duties on the handling of 112 reports was obstructed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. F's self-written statement;

1. Application of Acts and subordinate statutes to arrest and report cases;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, order to attend lectures and order to provide community service;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and four months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Sentencing elements that are disadvantageous to the determination of sentence: The nature of a crime is not good by exercising violence against a police officer who performs legitimate performance of his/her duties. Sentencing elements that are favorable to the o are influence of crime under the influence of alcohol: Recognizing the error and reflectivity; o, taking into account the sentencing conditions under Article 51 of the Criminal Act, setting the sentence as ordered.

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