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(영문) 청주지방법원 2017.09.28 2017고단1111
공무집행방해
Text

A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 19, 2017, in front of the C cafeteria located in Jincheon-gun B, Jincheon-gun on March 19, 2017, the Defendant’s defect in order to confirm the circumstances in relation to the Defendant’s use by E in the position of the D District of the Jincheon Police Station D, which was sent to the Defendant upon receipt of a report by customers, and by the knee, etc. in the above place; and

C. The drinking has been revoked due to the dynasty festest h.

“In doing the bath theory as “,” and assaulted, such as flabing and salkeing the ebbbbial of the said E by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of report and on-site investigation by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Arrest report on occurrence of the case and investigation report (investigation of witnesses);

1. Application of Acts and subordinate statutes to photographs damaged by victims;

1. Article 136 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act selection of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] / There is no basic area (6 months to one year and six months) of the first category (Interference with the performance of official duties and coercion of duties) [Determination of sentence] / The elements for sentencing unfavorable to the o are not good by exercising violence against a police officer who performs legitimate duties. Inasmuch as the elements for sentencing favorable to the o are drunkly committed, it is recognized that a crime is committed, and there is no criminal offense exceeding a fine. Then, the sentence should be determined as indicated in the Disposition, by taking into account the sentencing conditions under Article 51 of the Criminal Act.

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