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(영문) 청주지방법원 충주지원 2020.02.05 2019고단37
공무집행방해
Text

The punishment of the accused shall be set forth in six months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On December 22, 2018, the Defendant attempted to calculate the drinking value by 03:00 on the same day after drinking s and alcohols in C located in the Sound Group B of Chungcheongbuk-do, and confirmed that the drinking value was much higher than the anticipated one, and received a report by 112 by avoiding a disturbance.

The Defendant: (a) calculated the drinking value by E, etc. of the voice police box attached to the voice police box called upon receipt of the report; (b) misunderstanding the above Category C, which is an entertainment drinking house, with the misunderstanding of the police officer’s unilaterally left a place of business where the police officer carried on illegal business; and (c) read, “Is the bit of bit of a bitch bit of a bitch bit of a bitch bit of a bitch bit of a bitch bit of a bit of a bitch bit of a bit of a bit of a bitch bit of a bit

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (as to the field situation):

1. Application of the Acts and subordinate statutes to bar campaigns and motion pictures taken by employees;

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

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of the performance of official duties (category 1] and the absence of the obstruction of the performance of official duties (category 1] (the scope of the recommended area and the scope of the recommended punishment] and the basic area of the recommendation, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months, and two years under a suspended sentence, the defendant is considered to have abused a police official who performs legitimate duties in the influence of alcohol without any justifiable reason, and the nature of the crime is bad;

However, the defendant shows his attitude to recognize and reflect his mistake in this court.

It seems that the degree of damage suffered by police officers is not significant.

In addition, the defendant's age, method of crime, and the same force.

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