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(영문) 청주지방법원 2018.06.08 2018고단348
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 14, 2018, the Defendant: (a) damaged the victim D, who was under the influence of alcohol in front of “C Mart” located in “C Mart” located in “C E-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-si, and without any special reason, damaged the victim D to walk the front part of E-Part vehicle owned by the victim D at several times in the amount of repair costs.

2. The Defendant: (a) asked the victim G (28 years old) who was a policeman belonging to the Fdistrict of the police station in charge of the Cheongju, who was called 112 after receiving a report at the time and place specified in paragraph (1); (b) asked the Defendant to see that the Defendant was “Y Y Y Y Y Y Y Y Y YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY Y YY YY Y Y Y Y Y Y Y Y

As a result, the Defendant assaulted the police officer who performs legitimate duties concerning criminal investigation, and at the same time inflicted injury on the victim, such as damage to the crocf that requires medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Articles 136 (1), 257 (1), and 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence 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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The fact that there are many previous convictions, the fact that the nature of the crime is favorable to that of the crime: The fact that the victim of the crime of damage to property seems to reflect his/her mistake, and that he/she agreed with the victim of the crime of damage to property, the defendant's age, sexual behavior, environment, and motive for the crime.

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