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(영문) 청주지방법원 2019.11.27 2019고단1814
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 6, 2019, at around 03:15, the Defendant completed business hours at C cafeteria located in B at Cheongju-si, but the Defendant was requested to return home from E by a police officer belonging to the D District of the Cheongju Police Station D District called "Hag-do," called "Hag-do," and refused to return home, and approximately 30 minutes later, and the police officer met on the road where vehicles pass by, and caused the Defendant to cause the danger of traffic accidents, such as traffic accidents, the Defendant assaulted on the right side of E at the direction of the Defendant.

As a result, the defendant assaulted police officers E, thereby hindering police officers from performing their legitimate duties on handling reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The scope of punishment by law: Imprisonment for one month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months through one year and six months.

3. Six months of imprisonment with prison labor for the decision of sentence, two years of suspended sentence, and two years of suspended sentence: A favorable circumstance that there is a need to strictly punish the crime of obstruction of performance of official duties in order to establish the order of the rule of law: the defendant reflects the crime of this case, and there is no past record of suspended sentence or more, the above circumstances shall be determined as per the order, comprehensively taking into account the age, character and behavior, environment, motive

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