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(영문) 청주지방법원 2015.09.10 2015고단472
공무집행방해
Text

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

At around 03:40 on April 1, 2015, the Defendant, while drinking in front of the No. 1312, Cheongju-si Street 1312, Cheongju-si, Cheongju-si, Cheongju-si, took a seat between India and the roadway, and took an action that she believed to be on the roadway. Upon receiving 112 report on the protection measures, the Defendant obstructed the police officer’s legitimate execution of duties in relation to the police officer’s 112 report on the ground that she was requested to return home from Goju-gu Police Station C District D, Cheongju-gu, Cheongju-gu, which was called “I will do so, she will do so, she will do so, she will do so, she will do so, and she will do so.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a statement of 112 reported cases;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Determination of the type of punishment], the first category [Determination of the recommended area] of the obstruction of performance of official duties, the basic area of the obstruction of official duties [the scope of sentence of recommendation] [the scope of imprisonment for six months from June to April, the crime of this case is heavy in light of the circumstances and contents of the crime.

On February 5, 2014, the Defendant was sentenced to a suspended sentence of one year due to a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) and was sentenced to a suspended sentence of six months on 12 occasions (10 times a fine and two times a suspended sentence). In particular, even though the Defendant was sentenced to a fine due to the crime of obstruction of performance of official duties around 1996, the Defendant committed the instant crime by drinking exclusively and committing the instant crime.

Accordingly, the defendant should be punished for severe punishment.

However, the punishment is to be imposed in consideration of the fact that the defendant did not repeat the crime as he or she seriously reflects his or her wrongness, and various sentencing conditions, such as the defendant's age, character, occupation, family relationship, financial status, etc.

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