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(영문) 청주지방법원 충주지원 2017.11.22 2017고단636
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

On July 16, 2017, at around 01:45, the Defendant assaulted D in front of the C cafeteria located in Chungcheongnambuk-gun B, and during the dispute with D (in the part of the assault, a disposition that does not have the right of prosecution on the same day as the filing of the instant indictment), and around 01:55 on the same day, the Defendant received 112 report, and received confirmation about the situation of the instant case from the victim E (29 years old), who was dispatched to the said site from the victim police station affiliated with the said site and received confirmation about the situation of the instant case from the victim E (29 years old). The Defendant told the police officer to the effect that “A police officer ought to come, frightch, frightch, frightch, frightch, frightch, etc., of the victim, and fright the victim’s face to walk on the right side of the victim due to misunderstanding, so that the victim’s fright and the victim’s fright away.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of 112 reported cases, and at the same time injured the victim who performed the above duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. On-site photographs and photographs of victims of violence;

1. Application of investigative reports (Entrustment of Details of medical treatment to victimized police officers) and replys to statutes;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious bodily injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The degree of interference with the performance of official duties at the time of the instant case, thereby causing injury to police officers; despite the fact that the Defendant committed the instant crime, despite the fact that there were several punishments for violence, and it is recognized that the risk of recidivism is high: The Defendant is recognized to commit the instant crime; and the Defendant’s damage.

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