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(영문) 청주지방법원 영동지원 2015.11.19 2015고단173
공무집행방해
Text

A defendant shall be punished by imprisonment 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

At around 19:30 on August 20, 2015, the Defendant told the Defendant to the effect that he will not be sentenced to punishment, by telephone, at the office of a police box of the Yeongdeungpo-dong Police Station in Yong-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do, 2015, and demanded D, a police officer under his jurisdiction, to be sentenced to imprisonment until the Defendant’s house.

The Defendant was refused from the above police officer on the ground that “I return to the house immediately above,” and “I spawn, spawn, spawn, and spawn spawn,” and assaulted by the Defendant on his hand when I am spawn with the arms of the above police officer two times, spawn with the finger floor, and shoulder the left side of the house.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the prevention of crimes and the maintenance of order in the police box.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of damaged police officers;

1. Application of the statutes governing the service place of a police box;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The nature of the crime is not weak in that the defendant assaulted the police officer at the police box for the reason of sentencing under Article 62-2 of the Criminal Act of probation and community service order.

However, the degree of violence is relatively minor.

The damaged police officer does not want to punish the defendant.

Furthermore, the defendant's mistake is seriously against the defendant.

In addition to these circumstances, the sentencing guidelines for the crime of obstruction of performance of official duties set forth in the sentencing guidelines for the crime of obstruction of performance of official duties, taking into account the defendant's age, character and conduct, the details and contents of the crime, and circumstances after the crime, etc., (i.e., obstruction of performance of official duties, (ii) and the criteria for suspension of execution (in cases where the degree of assault is minor, penalty not to be imposed, (iii) and (iv).

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