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(영문) 청주지방법원 2017.05.18 2016고단2559
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 becomes final and conclusive.

Reasons

Punishment of the crime

On October 28, 2016, 22:20 around 22:20, Cheongju City, 504, and 112 reported by the Defendant that the Defendant was assaulting a woman, and the slope D, Haman, who was called out after receiving a report by 112, asked the Defendant to ask the Defendant about his personal information and the circumstances of the case.

Before 199, the police officers had expressed their desire to do so, and had the chest of the above E once a week interfered with the legitimate execution of duties concerning the suppression of the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s statement protocol (Interference with the performance of public duties);

1. Application of Acts and subordinate statutes to arrest and report cases;

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. 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: (a) in the event of alcohol, they do not constitute a crime by contingency; (b) there is no previous conviction of a fine or a previous conviction of a crime; (c) treatment for alcohol addiction is given. Recognizing errors and reflects the sentencing conditions under Article 51 of the Criminal Act.

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