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(영문) 청주지방법원 2014.11.28 2014고단1158

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On August 18, 2014, at around 00:10 on August 18, 2014, the Defendant was arrested as flagrant offender from the victim E (the age of 58) who is a police officer belonging to the zone D district unit of the Cheongju Police Station called the Defendant’s residence in Cheongju-si, Cheongju-si, and was arrested as a flagrant offender.

On August 18, 2014, at around 01:55, the Defendant: (a) transported the victim F (the police officer 31 years of age), who belongs to the said district, to the said district; (b) shooted the buckbucks of the police officer G that restrains the buck, thereby breaking the bucks of the F (31 years of age).

As a result, the defendant interfered with the legitimate execution of duties by police officers, and at the same time, the victim E, the left-hand side side of the whole-time part requiring medical treatment for about two weeks, and the victim F, the left-hand side of the discharge, abandonment, and abandonment requiring medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. A letter of self-production;

1. Each reply letter;

1. Application of Acts and subordinate statutes to a investigative report (CCTV image analysis report);

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant is seriously against his/her wrongness while committing a crime.

The defendant has no record of punishment for obstruction of performance of official duties.

When the defendant is drunk, he seems to have committed violent crimes or drinking-driving-related crimes.

As a result of the instant crime, the police officer did not suffer serious injury.

In addition to these circumstances, the defendant's age, character and conduct, family relationship, details and contents of the crime, and circumstances after the crime are considered.