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(영문) 청주지방법원 2019.06.12 2019고단790
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

Around 01:40 on April 9, 2019, the Defendant was asked to return home from police officers D belonging to the Cheongju Police Station C district unit of the Cheongju Police Station called “Seman, Dok-si, Dok-si, Dok-si, Cheongju-si, to the site after receiving a report from 112 that “I am going to the son by sound,” and called “I am to the police of the Republic of Korea, I am to the Dok-si, I am to the Dok-si, am to the police of the Republic of Korea, I am to the Dok-si,” and D am to the Dok-si, “I am to the upper police station, I am to know, I am to the Dok-si, I am to the Dok-si,” and “I am to the Defendant’s body again called “I am to the Defendant’s body.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the on-site photographing photographs and investigation reports (report on the reproduction of dynamic images);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment of imprisonment] the obstruction of performance of official duties [the category 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation] basic area, six months through one year and six months.

3. Six months of imprisonment with prison labor and two years of suspended sentence: Circumstances favorable to the necessity of strict response to the crimes of obstruction of performance of official duties in order to establish the order of the rule of law: The defendant seems to reflect the case, and the defendant has no record of suspended execution or more, and the above circumstances shall be determined by the order, comprehensively taking into account the character, conduct, environment, motive, means and consequence of the crime, the conditions before and after the crime, etc.

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