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(영문) 청주지방법원 2015.07.16 2015고단136

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 22:10 on December 27, 2014, the Defendant: (a) on the roads prior to the Seo-gu, Seowon-gu, Seowon-si; (b) on the taxi in front of the said place, the Defendant did not pay a taxi fee; (c) on the taxi in front of the said place, the Defendant paid a taxi fee to the Defendant who intends to flee from the F District of the Cheongju Police Station, which was dispatched upon receiving the report of damage from E; and (d) notified him of his personal information, and interfered with the police officer’s legitimate performance of duties in relation to reporting processing by assaulting him/her twice his/her left arms.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of H, E, and G;

1. Application of the Acts and subordinate statutes concerning the closure of damaged video images;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On May 29, 2014, the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was sentenced to one year by imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Dangerous Driving Death and Injury) at the Cheongju District Court on May 29, 2014, and was sentenced to two years of suspended execution, and was tried to escape from the country of selling by a police officer who was dispatched to the said court for a wrong reason.

The conditions of various sentencing indicated in the arguments of this case, such as the following: (a) the disadvantageous circumstances, such as the use of violence against police officers without being aware of the fact that they were in the period of suspension of execution due to this type of crime, and the mistake committed under the influence of alcohol, are divided in depth; (b) the degree of violence is minor; and (c) there is no record of punishment for obstruction of performance of official duties; (d) the Defendant’s family members and branch members want to take the front seat; and (e) other favorable circumstances, such as shooting, strength, and the Defendant’