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(영문) 청주지방법원 2018.10.18 2018고단528
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On December 14, 2017, at around 16:50, the Defendant: (a) claimed, from the 1119-ro, Cheongju-si, Cheongju-si, Cheongju-si, the Defendant: (b) extracted 100,000 won of the victim C’s market price in the caric book in his/her hand, and then removed her caric book and damaged the car.

2. The Defendant who obstructed the performance of official duties was in the vicinity of the place specified in paragraph (1) around December 14, 2017.

At the entrance of the D Beauty room, the Cheongju Police Station E District Dogdong Police Station, which was dispatched to the site after receiving 112 reports on the above act of the Defendant, attempted to verify the personal information of the Defendant, and refused to provide personal information, and took a bath to check the Defendant’s body by making it difficult to carry out the above police officer’s body with his left hand.

Accordingly, the defendant assaulted the police officer who performs legitimate duties on criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, C, and G;

1. Application of each investigation report (Attachment of photographs and photographs damaged by damage to property by cutting off theCCTV image);

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each 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. The crime of this case is committed during the suspended execution period after being sentenced to two years of suspended execution in August and six months of suspended execution due to interference with the execution of official duties by the favorable circumstances, such as the observation of protection and community service order, the fact that the crime of sentencing under Article 62-2 of the Social Service Order Act is recognized and wrong, the degree of damage to property or the degree of tangible force exercised by police officers, and the victim C is not more severe, and the defendant committed the crime of this case during the suspended execution period due to interference with the execution of official duties by obstructing the execution of official duties; the crime of this case was committed during the suspended execution period; it is highly necessary for

The age, sex, motive, means, and result of the crime of the defendant, and other unfavorable circumstances such as the appearance of the defendant.

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