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(영문) 청주지방법원 2017.05.18 2016고단2606
공무집행방해등
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 October 17, 2016, the Defendant assaulted the victim at the main point of “D” operated by the Cheongju-si, Cheongju-si, U.S. B (46 taxes, south) C, without any different reasons, while under the influence of alcohol, he fluened the victim’s blue blue and blue part of the victim’s blue, and blue the victim’s blue and blue blue.

2. The Defendant damaged the Defendant’s property at the temporary location set forth in the above 1 above, and the Defendant took a walk by walking the wind ray installed adjacent to a stage, thereby damaging the wind gate equivalent to KRW 300,000 at the market price owned by the Victim C.

3. On October 17, 2016, around 04:05, the Defendant: (a) was arrested and taken in custody as a current offender at the F District of the Police Station located in Cheongju-gu, U.S. on the Cheongju-si; and (b) expressed that “A police officer G, who belongs to the police station corresponding to the Cheongju, expressed his desire to read “A police officer sprinkling sprinks” to “A police officer sprinking sprinks”; and (b) assaulted G Bucks by walking sprinks at one time.

As a result, the defendant interfered with the legitimate execution of official duties in the criminal investigation of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and C;

1. Reporting on the arrest of a case;

1. Application of Acts and subordinate statutes to photographs;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 260(1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation and taking of protection and the order of community service;

1. Scope of the recommended sentences according to the sentencing criteria;

A. Class 1 Crimes (Interference with the Execution of Official Duties) (Scope of Recommendation) (Interference with the Execution of Official Duties) is the basic area (six months to one year and four months), and there is no special sentencing factor (a person with special sentencing).

B. The basic area of crimes No. 2 (Crimes of Destruction) (Scope of Recommendations) (Article 1 (Destruction of Property, etc.) (Article 4-10).

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