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(영문) 청주지방법원 충주지원 2021.01.13 2019고단602
공무집행방해
Text

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

Reasons

Criminal facts

On October 8, 2019, the Defendant, at around 22:53 around 22:53, 2019, contained gas in the gas delivery vehicle parked in front of the B apartment commercial building.

112 The police officer of the Chungcheong Police Station C Ra, and the police officer called up after receiving the above report, confirmed the above gas delivery vehicle with the fire fighter, and recommended the defendant to return home. The police officer stated to the above police officer as follows: "One shot tobacco is obtained and no tobacco is tobacco, and I am at the house," and "F, the owner of the above gas delivery vehicle, shall be discarded down."

C C Hashee Hashee Hashee Hashee Hashes

The police officers committed assault, such as taking a bath for about 20 minutes as “,” and taking the fluoral and crums possessed by the police officers who were in possession of the fluoral D, and bruing the chests of the said police officers on their hand.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers dealing with 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 136 of the Criminal Act and Article 136 (1) of the Criminal Act and the choice of punishment for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] that interfere with the performance of official duties on the grounds of [the Class 1] that there is no interference [the scope of the recommended territory and the scope of the recommended punishment] in the performance of official duties. The basic area of the recommendation and the scope of the recommended punishment], six months through one year and six months.

3. Determination of sentence: The Defendant, who has been sentenced to imprisonment for eight months, shows his attitude to recognize and reflect his mistake in this court.

However, it is necessary to strictly punish the defendant who committed violence against police officers in the course of performing official duties in order to establish the state's legal order.

In addition, the criminal method of one defendant, the defendant is the same.

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