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(영문) 청주지방법원 2017.04.28 2016고단992
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 27, 2016, at around 23:50 on March 27, 2016, the Defendant: (a) received a report of suicide in front of the 12 new bank, and received a report of suicide; (b) the background D belonging to the Cheongju Police Station C District; and (c) the Defendant’s personal information inquiry of the police officer called out.

The above D and E, which judged that there is no anything wrong with the defendant's body, tried to stop the patrol vehicle (F) from being operated to move to another 112 reported scene.

Defendant 1: (a) opened a front door of the patrol vehicle on the road from the foregoing D, and boarded the front door, and (b) obstructed the operation of the patrol vehicle for about 10 minutes by: (c) “Iskn’t have to do so”; (d) Isn’s Man’s Man’s Man’s Man’s Man’s Man’s Man’s Man’s Man’s Man’s Man’s Man’s Man’s Man’s Man’s man; and (d) continued to display the Man’s Man’s Man’s man’s inside patrol vehicle; and (e) refusing to stop the operation of the patrol vehicle for about 10 minutes.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Statement made by the police against D;

1. Each statement of D and E;

1. Reporting on the arrest of a case;

1. The application of Acts and subordinate statutes to each investigation report (for example, 7,8) at a net time;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The summary of the argument was that the Defendant was boarding the front of the patrol vehicle at the time and place as stated in the facts charged, but there was no use of violence, such as taking the patrol vehicle at the time and demanding the person in charge of the investigation to keep the person in charge of the investigation, taking a bath, or blocking both arms inside the patrol vehicle, and making the person in charge of the investigation.

another.

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