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(영문) 청주지방법원 제천지원 2015.01.22 2014고단504
공무집행방해등
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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Application of Acts and subordinate statutes to photographs and opinions;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The defendant and his defense counsel asserts that the defendant had a state of mental disability under the influence of alcohol at the time of committing the instant crime.

In light of the records of this case, even though the defendant was in a drunken state at the time of the crime of this case, considering all the circumstances, such as the circumstance of the crime, appearance, the defendant's behavior before and after the crime of this case, and the fact that the police, when he was investigated by the police, he stated in a very detailed memory and statement about the circumstances of the crime of this case, it is not deemed that the defendant had a weak ability to distinguish things or make decisions under the influence of alcohol at the time of the crime of this case.

Therefore, the defendant and defense counsel's above assertion is not accepted.

The sentencing guidelines for the crime of obstruction of performance of duties on the grounds of sentencing shall be limited to the range of recommendations [the range of recommendations] under the sentencing guidelines for the crime of obstruction of performance of duties on the grounds of the sentencing [the scope of recommendations] under the basic area (six months to one year and four months) (the person who has no special person] [the scope of recommendations] under the sentencing guidelines for the crime of obstruction of performance of duties on the grounds of the sentencing [the scope of general injury]. The mitigation area (two to one year), the mitigation area (two to one year), the reduction area (including special mitigation), the reduction area (including the first and four types), the exemption area (including a serious effort to recover damage), or considerable damage. In the case of obstruction of performance of duties, the crime of this case of obstruction of performance of duties on the sentence is committed against the legitimate performance of duties by the police officer who has been in uniform and thereby, by exercising violence

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