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(영문) 청주지방법원 2019.01.31 2018고단2258
공무집행방해
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

1. On September 9, 2018, at the front of the Sinju City, 00:54, the Defendant: (a) stated that “Is the Defendant would pay a taxi fee from the border of the Cheongju Police Station C District of the Cheongju Police Station affiliated with the Cheongju-si, Cheongju-si, who was dispatched to the site after receiving a report that there is a Silf in relation to a taxi driver and a taxi fee; (b) he spits the brin on the face of the above D, with the Defendant’s statement that “Is give more special and special consent to the flap, and the flassing of the flabs in the face of the above D, and required D to pay the taxi fee and return to Korea.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

2. On September 9, 2018, the Defendant, at the Cheongju Police Station and E Team office located in Cheongju-si, a considerable area of Cheongju-si, 266 on September 9, 2018, assaulted a police officer to the police station, such as the preceding paragraph, and led him to the police station, and asked him of his personal information from F, “I am frien, I see that I would like to “I amfri, I amfri,” and I am at one time the left-hand head part of the F.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written statements of G, H and F;

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor for the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act recognize the crime for the reason of sentencing, and seriously repents it, and there are some other favorable circumstances to consider the background of the crime, including the fact that there are more records of the same kind of crime than the favorable circumstances, such as the necessity of strict punishment for the crime of obstruction of performance of official duties, other unfavorable circumstances such as the defendant's age, character and conduct, motive, motive for the crime, degree of the type of crime committed by the defendant, circumstances after the crime, and risk of recidivism, etc. are shown in the records and

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