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(영문) 청주지방법원 2018.11.01 2018고단1737
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The security guards C and the security guards D of the Jincheon Police Station B police station of the Chungcheongbuk-do are written by a person who gets on the road.

“The Defendant, who was dispatched to the site after receiving a report on 112 and moved to India, was living on the road, and the Defendant, who was living on the road, responded to “E apartment No. 101 2008, 1008,” and the said police officer was on the back of the patrol seat, and moved to the front of the said E apartment No. 101.

On August 6, 2018, around 02:55, in front of the guard room 101, the Defendant: (a) opened a front door door of the patrol car to ensure that the said apartment house is located in the Defendant’s residence; (b) defect in the Defendant to remove the Defendant; and (c) the victim died.

While threatening “the victim’s face was expressed at one time by hand, the victim’s face was sent to the victim with a face of about seven days in need of treatment.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 112 A list of reported cases;

1. A report on internal investigation (in relation to the submission of a written diagnosis of injury) and a written diagnosis of injury;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs of parts damaged by a victim);

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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The case of interference with the execution of official duties, where the basic area (from April to June), the basic area (including special mitigation (including serious efforts to recover damage), the punishment is not suspended (including serious efforts to recover damage), or considerable damage is recovered, in the case of suspension of execution of official duties, in the sentencing criteria [the scope of recommended punishment] general injury - the case of interference with the execution of official duties; and

2. The circumstances under which the sentence of sentence is rendered, and the age, occupation, sex, family relationship, and post-crime of the defendant.

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