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(영문) 청주지방법원 2016.04.29 2016고단123
공무집행방해등
Text

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

Reasons

Punishment of the crime

On June 19, 2014, the Defendant was sentenced to six months of imprisonment with prison labor by the Cheongju District Court, and completed the execution of the sentence on October 13 of the same year.

1. On January 30, 2016, the Defendant did not withdraw from the Defendant, despite receiving a request for a discharge room on the ground that he/she created anxiety during the accommodation period from the victim E (n, 56 years of age) located in the petition-gu, Cheongju-si, Cheongju-si, Cheongju-si, and the Defendant did not leave the room until 14:20 of the same day even if he/she received a request for a discharge room from the police officer who was dispatched on several occasions on the same day after receiving a report at around 14:00 on the same day.

Accordingly, the defendant did not comply with the demand of the manager, etc. in the room managed by the person.

2. On January 30, 2016, the Defendant: (a) was arrested at the above place; (b) was arrested on suspicion of refusing to leave; and (c) was escorted to the petition police station located in 354-10, Cheongju-si, Cheongju-si, 354-10; (d) around 16:00 of the same day, at the investigation and detention room of the above police station; and (b) was demanded by the police officer G belonging to the police station of the Cheongju Police Station, who escorted the Defendant, to leave clothes to maintain order in the detention room, such as prevention of self-injury; and (c) the Defendant refused to comply with the request.

Accordingly, in order to maintain the safety and order of the detention room, 5 police officers, such as the above G, etc., assaulted the defendant's body and the defendant's face side of the above G (26 o) by scambling against scam and walking the front of the above G (26 o).

Accordingly, the defendant interfered with the legitimate performance of duties by the police officers who are public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Each police statement made to E, G, and H;

1. Arrest report of the occurrence of the case, photographs of the upper part of the victim of the on-site photograph, and photographs of the CCTV in a detention room;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (report attached to a judgment) and other Acts and subordinate statutes, including criminal history;

1. Relevant provisions of the Act concerning facts constituting an offense;

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