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(영문) 청주지방법원 2018.07.12 2018고단155
공무집행방해
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

1. On December 21, 2017, the Defendant committed a crime at a restaurant parking lot B, which was reported by the 112 police that the Defendant was locked on a street at the B restaurant parking lot in Cheongju-gu, Chungcheongnam-gu, Cheongju-si, and the fire officer called together with the police after receiving a report from the 112 that the Defendant was locked on a street, and called together with the Defendant during the course of carrying the Defendant on a first-aid vehicle, the E police officer affiliated with the D District of the Cheongdong-gu, Seoul Special Metropolitan City Police Station D police Station, which caused the Defendant to display his hand toward the fire officer, and the above E:

At present, I would like to say that this is F. E’s e.b. ‘The same fe.’ of power, and as a result, I thought that the fe.g. of the above E’s fe., fe., walked the face of the above E once and fe.g., fe., fe., fe., fe.s.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

2. On December 7, 2017, the Defendant committed the crime in the D District, at the D District District located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, requested that the above E face was expressed in a confirmation letter confirming the fact that the Defendant was arrested as a flagrant offender under suspicion of interference with the performance of official duties, such as Paragraph 1, from the D District, and received one time the face of the said E from the head.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of cases as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A H statement;

1. Investigation report (or first investigation by a witness I);

1. The photograph description (CTV crime scene) [The record is found that the Defendant was under the influence of alcohol at the time of the instant crime, but it does not seem that the Defendant did not have or lacks the ability to discern things or make decisions.]

Application of Statutes

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social service order under the Criminal Act;

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