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(영문) 청주지방법원 2016.07.14 2016고단913
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 22, 2016, the Defendant expressed the victim E (24 years old) who passed the stop at the bus stops located in Chungcheongnam-gu D High School C on May 22, 2016, and without any reason, the Defendant expressed the victim’s desire to “I am fright, I am out, I am diving, I am out, I am out, I am out, I am out, I am out, I am out, I am out, I am out, I am out, I am out, and I am out of the police.” The Defendant expressed the victim’s desire to “I amfrier, I am am off, I am am dead, I am out, I am out of the police, I am.”

Accordingly, the defendant assaulted the victim.

2. On May 22, 2016, the Defendant: (a) around 23:35 on May 2, 2016, at the bus stops, the Defendant was required to present an identification card to verify the situation of the instant case under paragraph (1) from the police officers of the Cheongju-gu Police Station, Cheongju-gu, Cheongdong-gu, G, who was dispatched to the site after receiving a report of 112, as described in paragraph (1) at the bus stops; (b) the Defendant: (c) expressed the said police officers the desire to “Ih hick hacks?h?h?h?h?; (d) walked to the said H, she walked the left kne of H one time, walked the kne kne of the said G; and (e) assaulted the chest of G by her hand on two occasions.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

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

1. Application of H’s written Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act (the point of violence) and Article 136 (1) of the Criminal Act (the point of interference with the execution of official duties) of the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Violation 1 of Article 62-2 of the Criminal Act for the reason of sentencing of Article 62-2 of the Criminal Act (Interference with the execution of official duties) / [the scope of recommendations] 1 type (the scope of punishment shall interfere with the execution of official duties).

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