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(영문) 청주지방법원 2019.10.02 2019고단1613
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

A. At around 23:40 on April 25, 2019, the Defendant: (a) served a police officer affiliated with the D Zone E, who received 112 report on the street in front of “C” located in Cheongju-si, Cheongju-si; and (b) served a police officer’s assaulted him on one occasion on one-time basis, without any particular reason, against the police officer’s response to the reporter.

B. On April 25, 2019, at around 23:55, the Defendant arrested and taken custody of a flagrant offender on the facts of the crime under the preceding paragraph within the D District District of the Cheongju Police Station, and assaulted the police officer F, who belongs to the D District Unit to confirm the Defendant’s personal information, on one occasion, on the right to the right, without any particular reason.

Accordingly, the defendant has interfered with the legitimate execution of duties of police officers on the maintenance of public order and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes Nos. 1 and 2 (Determination of Punishment) (Obstruction of Performance of Official Duties) / [No. 1] Performance of Official Duties / Forced / [Scope of Recommendation and Recommendation] Basic Field, 6 months to 1 year and 6 months of imprisonment

(b) Scope of recommendations according to the standards for handling multiple crimes: Six months to two years (the maximum of crimes No. 2) of imprisonment;

3. 8 months of imprisonment with prison labor for a decision of sentence or two years of suspended sentence: Circumstances favorable to the possession of a same kind of force: The punishment shall be determined as ordered by the order, comprehensively taking into account the defendant's age, character and conduct, environment, motive, means, results, etc. in the above circumstances; and

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