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(영문) 청주지방법원 2017.07.06 2017고단162
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, 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

On January 2, 2017, around 23:13, the Defendant: (a) was arrested in the act of violence against D and moved from the patrol vehicle to the said district; and (b) was able to take the face of E while taking a bath to the police officer belonging to the said patrol vehicle; (c) continued to escape the disturbance in the said district; and (d) the police officer’s legitimate performance of duties concerning the prevention and suppression of the said F’s crime was obstructed by walking the mouth of the said district while walking in the Cheongju-si, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes on investigation reporting;

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 of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and four months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Sentencing elements that are disadvantageous to the determination of sentence: The nature of a crime is not good by exercising violence against a police officer who performs legitimate performance of his/her duties. Sentencing elements that are favorable too: the Defendant is drunk to commit a crime; there is no criminal conviction against the Defendant. Recognizing the error and reflectivity; o and other factors of sentencing under Article 51 of the Criminal Act are determined as ordered by taking into account the factors of sentencing.

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