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(영문) 춘천지방법원 2019.03.29 2018고단1104
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

[2018 Highest 1104]

1. On August 1, 2018, at around 16:40 on 16:40, the Defendant assaulted and interfered with the legitimate execution of duties in relation to the social welfare of Chuncheon viewing public officials, including, in the office B and office of the Chuncheon Docheon-si, the Defendant, who was in possession of a alinium stick ( approximately 85 cm in length) while avoiding a disturbance, “Sain-si Don Don Don Don Don.”

2. At around 17:30 on the same day, the Defendant continuously avoided disturbance in B and the front corridor of the above office, and thus, the circumstances belonging to the Chuncheon Police Station D Zone E, which was dispatched after receiving 112 report, notified the Defendant of the penalty payment for an act of creating apprehensions under the Punishment of Minor Offenses Act, and used home home as soon as possible, and interfere with the police officer’s legitimate performance of duties concerning the prevention and suppression of the crime.

[2019 Highest 199] Around 15:40 on 21, 201.21. 15:40, the Defendant obstructed the victim’s restaurant business by force for about one hour, such as by having the victim 5 male customers who have provided meals at the same time as "the opening, spath and spath," and by having the victim take a large voice to the effect that the Defendant would not sell alcoholic beverages to the customers upon drinking.

Summary of Evidence

[2018 Highest 1104]

1. Partial statement of the defendant;

1. C’s statement;

1. Statement of the police statement of E;

1. On-site movement report, on-site and on-site reports, and photographs of damaged parts, copies of welfare cards, and written notice of penalty payment (2019 high-class 199);

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes of the case site departure report

1. Article 137(1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 137(1) of the same Act concerning criminal facts.

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