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(영문) 청주지방법원 2018.05.03 2017고단2053
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 May 20, 2017, the Defendant: (a) around 22:50 on May 20, 2017, around 22:50, around D; (b) around D’s restaurant located in Jincheon-gun; (c) the police officers affiliated with the Hacheon-gun Police Station E commander of the Chungcheongnam-do Police Station, who received domestic violence reports and demanded F to listen to the F’s wife’s statement of damage and request for a 119 emergency vehicle; and (d) the Defendant demanded to stop the vehicle due to concerns over the disadvantages of her friendship F. However, the Defendant, upon refusal, she seems to have taken a bath to G; (d) the police officers prevented Ha from doing so and h from taking a h’s chest by hand, and assault h by pushing him.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers in the process of reporting 112 by assault or intimidation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. G statements;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a detailed statement of processing a report 112);

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, including observation of protection and community service order;

1. Where the sentencing criteria [Scope of the recommended punishment] is minor in the area of mitigation (one month to eight months), such as assault, intimidation, deceptive scheme, or obstruction of public duty, in the area of mitigation (any person who obstructs the performance of public duties and any duty shall be forced).

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The defendant's failure to perform official duties due to his uniform and interfered with the legitimate performance of official duties by the victims, and such interference with the performance of official duties by the state requires strict attention in order to protect the public authority of the state and establish the discipline, and the degree of violence is relatively minor.

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