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(영문) 청주지방법원 제천지원 2016.04.28 2016고단42

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2015, the Defendant prepared a report form in accordance with the court’s alternative community service order at the 4,000 probationary office located inside the 14:40 Sincheon-si, Chungcheongbuk-do, and around December 31, 2015, and prepared the report form in accordance with the court’s alternative community service order.

A public official C who has left a large sound, such as “Is the word “Is a public institution to do so? Is the word “Is the liquor tax”, and Is the above C, “Is the width age. Is the age.”

In doing so, 10 minutes of the disturbance, such as her farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc farc,

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Each police statement made with respect to C and D;

1. A criminal investigation report (to be accompanied by such video CDs);

1. The defendant and his defense counsel asserted that he had a disturbance, such as humping and humping the head, but there is no fact of assault by putting the head debt on the cell phone CD (the defendant and his defense counsel).

However, according to the consistent statement of C, D, cell phone photographing screen image, etc., it is sufficiently recognized that the Defendant used assault to take the head debt of C once as in the facts charged.

Application of Statutes

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Determination of the assertion of mental and physical weakness under Article 62-2 of the Criminal Act on the observation of protection and observation, and the defendant and his defense counsel are punished on the ground that the defendant was in a state of mental and physical weakness due to illness at the time of committing the instant crime