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(영문) 청주지방법원 충주지원 2018.07.13 2018고단321

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal record] On April 20, 2017, the Defendant was sentenced to a suspended sentence of two years in the year of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) in the Daejeon District Court’s Support on the Incheon District Court, and the said judgment became final and conclusive on April 28, 201

[Criminal facts]

1. Around May 24, 2018, the Defendant interfered with the performance of official duties: (a) around 23:55, while driving a car before “D” located in “D”, the Defendant was subject to the control of drinking from F by the superintendent of the police station E District of the Chungcheong Police Station, which is taking charge of traffic accidents, while driving the car before the former.

F When the Defendant’s blood alcohol concentration is confirmed to be 0.03%, the Defendant demanded the Defendant to return home on his behalf, and the Defendant said that the Defendant: (a) expressed the Defendant’s desire to “F to shot out”; and (b) assaulted F’s chest on two occasions by hand.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers.

2. 공용 물건 손상 피고인은 위 1 항 기재 일시, 장소에서 현행 범인으로 체포된 후 E 지구대로 인치되는 과정에서 위 F이 G 순찰차에 태우려고 하자 이를 거부하면서 순찰차의 운전석 뒷 휀 다 부분을 오른발로 걷어찼다.

Accordingly, the Defendant damaged the patrol car, which is an object used by public offices, to be 3.80,00 won in repairing.

Summary of Evidence

1. Statement by the defendant in court;

1. A damaged photograph;

1. Statement made by the police with regard to F;

1. A written estimate for an investigation report;

1. A investigative report (to attachCCTV images), - video CDs;

1. Images of CCTV and video-fafags;

1. Records of crimes: Inquiries about criminal history and application of Acts and subordinate statutes for investigation reports (Binding of decisions, etc. on criminal history);

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of public duties, Selection of imprisonment, and Selection of Penalty) concerning facts constituting an offense, and Article 141 (1) of the Criminal Act (damage to things for public use and choice of imprisonment);

1. The degree of crimes and assault during the period of suspension of the execution of reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are aggravated for concurrent crimes, is not much serious;

There is room to see.