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(영문) 청주지방법원 2014.11.12 2014고단1011
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On June 27, 2014, at around 22:07, the Defendant: (a) heard the horses that “I am home and abroad,” from the D affiliated with the Cheongju Police Station C (a police box of the Cheongju Police Station) sent to the said place after being drunked by the Defendant, who was under the influence of alcohol and was informed of a disturbance; and (b) held that “I am home and abroad, I am back the C police box. I am son of the C police box” to the said D.

Accordingly, D referred to as "it may be punished as a crime of insult in the event of abusive," and warning that the Defendant would not take a bath, and the Defendant laid two beer's disease on the floor, putting two beer's disease on the floor and threatened D.

After that, among the attempts that D arrested the Defendant as a flagrant offender under the suspicion of obstruction of performance of official duties and moved to the patrol lane, the Defendant committed assault, such as flabing and salkeing DNA.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and D;

1. Application of Acts and subordinate statutes to arrest and report cases;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act, the grounds for sentencing are the same as the defendant, under the influence of alcohol and threatens the police officer, etc.

However, there is no criminal power of the same kind, and there is no punishment more than a suspended sentence.

In addition to these circumstances, all the conditions of sentencing as shown in the arguments, including the defendant's age, character and conduct, family relation, details and contents of the crime, and circumstances after the crime was committed, shall be considered, and the recommended type of punishment (the obstruction of performance of official duties, the obstruction of performance of official duties, the basic area ( June to January) and the criteria for positive consideration of suspension of execution specified in the sentencing guidelines for crimes of obstruction of official duties: social relation clearly, serious reflectness, and suspension of execution.

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