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(영문) 춘천지방법원 속초지원 2019.06.05 2018고단355
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On July 20, 2018, the Defendant of the obstruction of performance of official duties: (a) was on board the E Spati vehicle driven by his spouse D on the front side of Sinsi-si B, Sinsi-si on July 20, 2018; (b) was under the influence of F area G, etc. affiliated with the F Zone G, who was under the control of drinking driving, and was under the control of D, the Defendant fell off from the vehicle on the ground that he controlled D; (c) was out of the string; (d) laid off the string; (d) was flap; and (d) was flaped by the h (49 years of age) of the said earth; and (d) was flaping the H’s chest on one occasion at the right edge; and (d) was flaping the H’s part on one occasion by driving at the right edge.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control.

2. On July 20, 2018, at around 22:10 on July 20, 2018, the Defendant: (a) arrested a flagrant offender under suspicion of obstruction of performance of official duties, such as paragraph (1) of the said Article; and (b) took the patrol vehicle (I) of the F District of the Seocho Police Station in the Seocho-gu Seoul Police Station; (c) putting the Defendant “Pewh” in a bath to “Pewh” and displayed a view that “Pewk” was installed in the vehicle due to a brush and walked

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and D;

1. Application of the Acts and subordinate statutes of photographic, investigative report (Attachment of image), and screen making;

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

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. The crime of this case, on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, obstructs the legitimate execution of duties by police officers and damages the articles used by public offices in the process, and there is a need for strict punishment in order to establish legal order and eradicate the light of public authority.

Many defendants are the defendants.

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