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(영문) 청주지방법원 충주지원 2017.06.30 2017고단390
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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 April 28, 2017, at around 02:25, the Defendant, at around 02:1303, C apartment house C, the Defendant’s residence located in Chungcheongnam-si, Chungcheongnam-si, and at around 1303, under the influence of alcohol, was placed on the right part in the process of destroying the windows of the above residence while the Defendant was unable to conduct a malicious appraisal on the Defendant’s punishment. Upon receipt of the Defendant’s report from the Defendant’s 119, the Defendant sent the Defendant to the said site for emergency treatment of the Defendant’s return by sending the Defendant’s return. However, it was difficult for the Defendant to take emergency treatment by avoiding disturbance, such as the Defendant’s assault, as he tried to attach the house at the above residence while under the influence of alcohol and tried to put the Defendant to the Defendant’s visit.

피고 인은 위 E의 112 신고를 접수하고 위 현장으로 출동한 충주 경찰서 소속 경장 H으로부터 이를 제지 당하자 화가 나 위 E의 턱 부위와 배 부위를 4회 때렸고, 위 경장 H의 얼굴 왼쪽 부위에 침을 뱉었 다. 피고 인은 위와 같은 사실로 위 H으로부터 현행범 체포되는 과정에서 위 경찰서 소속 순경 I의 오른쪽 어깨 부위에 가래침을 1회 뱉었 고, D 소속 의무 소방 대원 G의 왼쪽 허벅지 부위를 발로 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the rescue of emergency patients and the handling of reports by fire officers and the arrest of police officers in the act of crime.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reporting on the arrest of a case;

1. The photograph of damage related to obstructing the performance of official duties on April 28, 2017;

1. Application of the Act and subordinate statutes to investigative reports (Attachment of screen pictures at the scene of the crime);

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the selection of imprisonment with prison labor for the crime concerned;

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. Protective observation and community service order under the Criminal Act;

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