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(영문) 청주지방법원 충주지원 2020.04.29 2020고단137
공무집행방해
Text

The punishment of the accused shall be eight months by imprisonment.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 7, 2020, in front of the B apartment commercial building in Chungcheongnam-si, the Defendant did not notify the Defendant of his personal information from the 112-report that the Defendant did not pay the taxi fee, and did not notify the Defendant of his personal information from the Gyeong-gu Police Station C Zone D (the age of 43) affiliated with the Chungcheongnam-gu Police Station, which was dispatched to the site, and did assault the said D's ma on one occasion due to his fingers, and continued to do so.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of the performance of official duties (category 1] and the absence of the obstruction of the performance of official duties (category 1] (the scope of the recommended area and the scope of the recommended punishment] and the basic area of the recommendation, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for eight months and suspended execution for two years, the defendant, under the influence of alcohol, assaults a police officer in the course of performing official duties without any justifiable reason, and the nature of such crime is not good;

The defendant shows his attitude to recognize and reflect his mistake in this court.

It seems that the degree of damage suffered by the damaged police officer is not significant.

Defendant was not subject to criminal punishment exceeding a fine.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the records and arguments, such as the age, family relationship, environment, the same kind of power, and attitude after the crime.

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