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(영문) 청주지방법원 충주지원 2020.02.07 2019고단790

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

1. On November 11, 2019, the Defendant: (a) around 22:40, the Defendant: (b) at the “D” main point of the Victim C (FF) Operation in Chungcheongnam-si; (c) on the ground that the victim said the victim as “her drinking, drinking, and returning home,” thereby damaging the market value by setting the telephone apparatus owned by the victim located in the carcter at the bottom of the carcter; and (d) cutting the phone on the floor.

2. On November 11, 2019, the Defendant was arrested as a flagrant offender from the slopeF belonging to the Chungcheong Police Station E District Unit of the Chungcheong Police Station on the same grounds as the foregoing paragraph (1), and was detained in the cell of the Chungcheong Police Station located in G on November 12, 2019, around 00:40 on November 12, 2019.

피고인은 위 유치장에서 소란을 피우던 중 충주경찰서 소속 경위 H이 피고인에게 다가가자 발로 위 H의 엉덩이 부위를 1회 걷어찼다.

The Defendant continued to take the bath of “Yama, hye, hye hye hye hye hyeh,” and, in order for the said H to again restrain the Defendant, she rootsd the water fye on the victim’s face, she was fryd on the right side of H, and she was placed at one time at the head of H’s inner part.

Accordingly, the defendant interfered with the legitimate execution of duties by the police officer due to violence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and H;

1. A written statement of I;

1. On-site photographs;

1. Each - Application of video CD-related laws and regulations

1. Relevant Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and Article 366 of the Criminal Act;

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

1. The sentence shall be imposed in consideration of the confession of the reason for sentencing, the circumstances leading up to the crime, the degree of damage to property, the degree of obstruction of performance of official duties, the fact that the victim of damage to property expressed his/her intent not to have the defendant punished, the criminal records, circumstances after the crime, and other conditions of sentencing.