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(영문) 청주지방법원 2016.05.10 2016고단92
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 19, 2015, the Defendant: (a) around 01:14, in front of Cheongju-si, Cheongju-si, B; (b) around 112, D, a police officer belonging to the Cheongju-dong Police Station C-dong patrol team, and E, to check the Defendant’s personal information, facts, etc. against the Defendant; (c) took the above D, etc. with the said D, etc., “h,” “h,” “h,” “h,” and “h,” etc., string their arms as they appear at the time of the above D, and string their arms in front of Cheongju-si, Cheongju-si, Cheongju-si, Cheong-dong, Police Station C-dong, Police Station C-dong, Police Station, and obstructed the Defendant’s performance of duties by causing the Defendant to interfere with the Defendant’s use of the above D’s kne-dong patrol and continuing to have a vehicle located.”

Summary of Evidence

1. Statement by the defendant in court;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes on police statements made to E and D;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The scope of punishment shall be determined as per the order within the scope of the punishment recommended according to the sentencing guidelines, taking into account the following factors: (a) the mitigated scope of punishment (i) (i) (i) (ii) (i.e., interference with the performance of official duties and/or (ii) (i.e., January to August) (i., the special mitigated person) (i.e., the minor degree of assault (i., the decision of sentence); (ii) the defendant has been punished several times in the past; (iii) the defendant has the history of being punished for the same kind of punishment; and (iv) the defendant's age, sex behavior, environment, motive, means and consequence

It is so decided as per Disposition for the above reasons.

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