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(영문) 청주지방법원 2018.04.19 2017고단2596
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 November 20, 2017, the Defendant: (a) stated that D, a public official of the police branch of the police station in the Cheongju-gu Office C District Police Station, who was dispatched after receiving a report on driving under drinking on the street behind the parking lot B, left the Defendant on the vehicle; and (b) did not state his/her resident registration number, he/she expressed his/her intent to “Ne the Defendant’s left left face at one time and interfered with the police officer’s legitimate performance of duties.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to arrest and report on the occurrence of a case and report on investigation (the confirmation of a drinking driver case);

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

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

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The nature of the crime is very pleasure that the police officer who performs legitimate public duties uses abusive and violent violence. o favorable sentencing factors: contingent crimes. There is no criminal conviction against the Defendant. Recognizing the error and reflectivity. o’s other sentencing conditions under Article 51 of the Criminal Act are integrated into consideration the sentencing conditions under Article 51 of the Criminal Act.

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