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(영문) 청주지방법원 제천지원 2017.05.18 2017고단79
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. On October 16, 2017, around 00:33, the Defendant: (a) visited the said area at the Cdistrict of the Dacheon Police Station, which was located in 00:33, as a taxi engineer and Si guard; (b) visited the said area; and (c) was solicited to return home from D to the police officer belonging to the said area; and (d) then, the Defendant: (a) visited the said D, who was solicited to return home from D to the police officer belonging to the said area; (b)

’라고 하면서 주먹을 휘두르고, 이에 위 지구대 소속 경사 E이 팔로 피고인의 목을 감싸면서 제지하다가 중심을 잃고 피고인과 함께 약 50cm 높이의 계단 난간에서 떨어지자, 자리에서 일어나 주먹으로 위 E의 얼굴을 주먹으로 1회 때리고, 발로 허벅지를 1회 걷어찼다.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the maintenance of order.

2. At around 01:25 on the same day, the Defendant: (a) was arrested in a flagrant offender under suspicion of interference with the performance of official duties; and (b) was transferred to the suspect’s seat; (c) on the ground that he did not unfilled the lock, the board, which was attached to the troupe of the troupe, was cut off.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes to photographs of damaged parts, photographs of damaged parts, and photographs of CCTV images;

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

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. In full view of the following circumstances, the reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) and other conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, the sentence is ordered.

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