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(영문) 청주지방법원 제천지원 2017.10.19 2017고단258
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 23, 2017, at the 105-dong 105-dong 1, 105-dong 1, the defendant returned to the 112 entrance that he was used in the stairs after receiving a report from the police officer C, etc. belonging to the 112-dong Police Station B, which was called out by the defendant, without any specific reason, the defendant expressed to the above C the above C that "I am shot, v. L., the police s., and the police s.) "I am, I am, I am., I am., I am., I am., I am., I am."

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of the 112 Incident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, shall be determined as ordered by considering the following circumstances.

The fact that a police officer who was dispatched upon receipt of a report obstructs the performance of official duties by assaulting the police officer and obstructing the exercise of tangible power, and that the degree of exercise of tangible power is not weak, and that there was a record of being sentenced to imprisonment with prison labor for a period of two years and six months in 2012 due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.).

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