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(영문) 청주지방법원 2017.05.18 2016고단2210
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 10, 2016, around 06:20, the Defendant ordered alcoholic beverage and alcoholic beverage to be drinking at “D main points” located in Heung-gu, Young-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, and had the owner of a business and the head of a dispute who did not pay part of the alcoholic beverage value.

The Defendant, upon receiving a report of 112, expressed his desire to “the remaining drinking value and to present his identification card to her home,” from G, who was called “F of the Young-gu E District Police Station E District,” and “the Defendant, upon receiving a request from G to “the head of the Cheongju-gu Police Station E District,” who was called “the head of this dog flick, flick, flick, and flicker’s flick, flick, flick, and flicker’s flick at the right hand.”

As a result, the Defendant interfered with the legitimate execution of duties concerning the dispatch of 112 reported police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and four months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Sentencing elements that are disadvantageous to the determination of sentence: The nature of a crime is not good by exercising violence against a police officer who performs legitimate performance of his/her duties. There are criminal records of the same kind of crime. Recognizing the error in sentencing factors that are favorable to the o: there is no criminal record. o, taking into account the sentencing conditions under Article 51 of the Criminal Act, the sentence is determined as ordered by the order.

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