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(영문) 청주지방법원 2016.12.16 2016고단1378

공무집행방해등

Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 7, 2016, at around 04:35, the Defendant damaged public goods, on the street in front of the C convenience point in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, the Defendant, under the influence of alcohol, was on board the D District Unit of the Cheongju-gu Police Station D District Unit of the Cheongju-gu, Chungcheongnam-si, and was on a 112-site patrol vehicle, and was in operation on the 112-site, and got off the 118,096 won back of the left side of the patrol vehicle.

Accordingly, the defendant has harmed the utility of goods used by public offices.

2. The Defendant expressed F, at the time and place specified in the preceding paragraph, to the police officer affiliated with the Cheongju-gu Police Station D District Unit of the Cheongju-gu Police Station D District for the purpose of ascertaining whether the patrol car was destroyed or damaged, saying, “I west, I would like to see why you would see?” and assault F, with the face of the said F.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of 112 reported police officers.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. E statements;

1. Application of photographs, investigative reports, estimates of repair costs, photographs of damaged vehicles, and CCTV-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 136 (1) and 141 (1) of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Order to Attend Education [Scope of Recommendation] Article 62-2 of the Criminal Act on the ground that there is no standard for sentencing as to the crime of damage to public goods for which there is no basic area (6-1 year and April) (6-1 year) of the obstruction of performance of official duties, the basic area (6-1 year and April 4)

[Determination of sentence] The sentencing conditions shown in the records, such as the following circumstances and the defendant's age, occupation, character and conduct, family relationship, and circumstances after the commission of the crime, shall be determined in the same manner as the order.

-prinke circumstances, drinking, and so on.