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(영문) 청주지방법원 2014.07.24 2014고단468
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On April 4, 2014, around 14:25, the Defendant: (a) heard the dispute between the “Del” on the front of the “Del” on the road located in Yeongi-gu, Chungcheongnam-gu; and (b) took place on the front of the “Del”; (c) he heard the horses that he would not be disturbed in front of the entrance of the said Maur G from the said Maurgian employee G; and (d) he notified the Defendant of the summary of the crime of assault, the reason for arrest, and the right to appoint a counsel; and (e) he assaulted the Defendant as a flagrant offender of the crime of assault, and (e) tried to arrest the Defendant as a flagrant offender.

As a result, the Defendant interfered with the legitimate execution of duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of I and G;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The crime of this case, which is the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the reason for sentencing") of the suspended sentence, is a defect in arresting the defendant as a flagrant offender in the process of preventing a police officer dispatched after receiving a report of violence from committing an act of assault by the defendant. The defendant strongly resisted the police officer by resisting the backhead of the police officer, and the degree of the assault is not weak, and the nature of the crime is heavy in light of the circumstances before and after the crime.

In addition, the Defendant is subject to severe punishment in that he/she expressed his/her violent nature and assaulted police officers at this time, even though he/she has a number of criminal records due to violence (in fact, once a punishment is suspended, once a fine is imposed, once a fine is imposed, and four times a juvenile protective disposition).

However, there is no record of punishment for the obstruction of performance of official duties, and criminal power due to violence shall be fined once around 2006.

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