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(영문) 청주지방법원 충주지원 2018.05.02 2017고단825
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 29, 2017, at around 23:40, the Defendant received 112 reports from D operating B Apartment 602 Dong 203, Dong 203 on September 29, 2017, stating that “the Defendant is a taxi engineer, who is a taxi driver without any charge,” and received the payment of charges from E during the process of the Chungcheong Police Station’s dispatch to the said site from the police station, and “the police officer of this case is the head of the Gu.”

In addition, the author expressed his desire as the “Woo”, and tried to answer the bridges of the above E with the bridges of the E in the Defendant’s residence, and assaulted the quier E with the face part of E in the state of flaping the flab.

이어서 피고 인은 위와 같은 행위로 인하여 공무집행 방해 혐의로 체포되는 과정에서 E이 소지하고 있던 충주 경찰서에서 사용하는 공무 수행용 무전기를 손에 쥔 채 안테나를 손으로 잡아 비트는 방법으로 위 무전기를 수리 비 11,000원 상당이 들도록 손상하였다.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officials, and damaged the electricity, which is a thing used by the competent police station, a public official.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Recording file backups;

1. Application of the written estimate statutes;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 141 (1) of the Criminal Act (the point of damaging goods for public use and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed for a crime causing damage to goods for public use, the punishment of which is heavier);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. That the Defendant had no memory under the influence of alcohol at the time of committing the crime as stated in the judgment regarding the Defendant’s assertion against the Defendant under Article 62-2 of the Social Service Order Act

shall be deemed to have been lost or mentally and physically weak.

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