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(영문) 청주지방법원 2015.04.02 2015고단19
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

Around 23:10 on December 24, 2014, the Defendant: (a) at the C District Office of the Cheongju Police Station in Chungcheongnam-gu, Cheongju-si; (b) at the C District Office of the Cheongju-gu, Cheongju-si, Cheongju-si; (c) at the Cheongju-gu, Cheongju-gu, Cheongdong-gu; (d) while drinking alcohol and boarding and leaving a taxi with his wife D, the Defendant found the C District to address the sib in order to be a taxi engineer E and sib to ask for soil on the si; and (d) at the time of opening the door and leaving the office, the Defendant interfered with the performance of the duties of police officers when considering the F’s inside and outside of the office on one occasion.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Self-statements of E;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act seems to have used violence against a police officer who was discharged from a police station, a governmental office, on the ground that the police officer does not take his/her own demand, and the suffering of a police officer due to his/her desire and her resistance seems not to have been light due to an act of violence until 202, and the fact that the police officer had been punished several times due to an act of violence, and the fact that he/she committed a crime under the influence of alcohol is divided in depth, it seems that he/she has done so in good faith, and it seems that he/she has done workplace life in good faith, such as the fact that social relationship is clear, the fact that he/she should support a baby who is sick, and other favorable circumstances, such as the fact that the execution of imprisonment with prison labor is suspended, but the police officer will be given an opportunity to know himself/herself through social service.

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