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(영문) 청주지방법원 2017.03.15 2017고단163
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of 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 September 19, 2016, around 01:15, the Defendant was boarding a taxi in front of the house of the Defendant of the Cheongju-si B apartment at the Cheongju-si. However, the Defendant did not calculate the taxi fee and requested a taxi engineer to go to the c district, and the Defendant arrived at the C District of the petition police station located in the Cheongju-si, Cheongju-si.

Defendant E’s “I am inside the house” from the police officer belonging to the said C District, before the entrance of the said C District.

“A person who has heard the horses, assaulted the victim’s right hand at one time at the end of the victim’s right hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reports.

Summary of Evidence

Written statement of the police statement G on the defendant's legal statement F, and the application of the damage law to the defendant

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

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

3. The grounds for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendations] [the grounds for sentencing under Article 62-2 of the Criminal Act [the scope of punishment] shall be subject to strict punishment inasmuch as the Defendant has committed an assault against a police officer again even though he had already been subject to two times or more due to a crime of interference with the performance of official duties by obstructing the performance of official duties.

However, the defendant's mistake is against the defendant's wrong living properly.

The execution of imprisonment shall be suspended in consideration of the sentencing conditions, such as the age, sex, health status, environment, and circumstances after the crime, etc. of the defendant, but protection, observation, etc. shall be ordered to provide medical treatment and prevent recidivism.

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