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(영문) 청주지방법원 충주지원 2018.07.20 2018고단265
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 265"

1. On March 22, 2018, the Defendant damaged the property at the Dang-gun B, Chungcheongnam-do, and “D” entertainment station operated by the victim C, i.e., under the influence of alcohol, the Defendant destroyed the property by taking the entrance door at the above main shop, which is the victim’s ownership, to make approximately KRW 80,000,000,000,000,000,000,000 won for repair.

2. The Defendant obstructed the performance of official duties at the date, time, and place specified in the above paragraph (1), and at the 112 report stating that “the customer assaults an employee,” and the police officer of the police station E District of the Chungcheongnam-gu Sound Police Station, Chungcheongnam-gu, Police Station: (a) prevented himself/herself from disturbing the disturbance as above; (b) assaulted him/her, such as walking the sex flag of the above F, knee, etc., while taking a bath, and assaulting him/her.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties on the handling of 112 reported cases.

around 01:20 on May 4, 2018, the Defendant driven G Lone Star Co., Ltd in the state of alcohol concentration of about 0.065% from a section of about 1km to the roads of the same Eup/Myeon, from around the commercial convenience store located in the Sindo-Eup, Chungcheongnam-gun, Chungcheongnam-do. to the roads of the same Eup/Myeon.

Summary of Evidence

"2018 Highest 265"

1. Statement by the defendant in court;

1. Each police statement made with respect to H, I, C, and F;

1. Photographs taken of damaged articles, etc.;

1. - Photographs of damaged police officers;

1. Investigation report (a written estimate of expenses for repairing damage to property), - Written estimate 2018, 275;

1. Statement by the defendant in court;

1. A written statement of the driver who takes charge;

1. Notification of the results of regulating drinking driving;

1. Application of the Acts and subordinate statutes concerning driving video materials and control of vehicles under way;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of public duties, the choice of imprisonment), and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (driving of alcohol and the choice of imprisonment);

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

1. Suspension of execution;

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