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(영문) 청주지방법원 제천지원 2015.05.21 2015고단59
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 21, 2014, around 20:00, the Defendant purchased a scambling in D, operated by Da incheon-si, Incheon, and became a sanitary problem of meat stores, and became a scambling with D, along with D, to the G police box located in the F in Jeju-si.

On November 21, 2014, at around 20:20, the Defendant: (a) prevented the Defendant from disturbing a disturbance by a slope of the Docs of the Yacheon Police Station; and (b) took a bath to the Defendant, and assaulted the Ha’s left-hand part of the Ha’s face with his finger.

Accordingly, the defendant interfered with the legitimate execution of duties in the police box.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement of H;

1. Investigation report (as to the attachment of CCTV images)

1. Application of each statute on photographs;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One month to five years; and

2. Scope of recommendations according to the sentencing criteria: Where the degree of violence, intimidation, and deceptive schemes is minor, for the mitigation area (one month to eight months) that reduces the scope of punishment for the obstruction of performance of official duties (a person who has been specially punished): One month to eight months (decision of types of punishment).

3. The fact that the Defendant, who was sentenced to a sentence, takes a bath to a police officer on duty, and the act of flaging the inside of a police officer due to his fingers is highly unfavorable to the Defendant, and that the act of flaging the inside of a police officer is highly likely to be punished. The fact that the Defendant led to the confession of the instant crime and reflects

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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