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(영문) 청주지방법원 영동지원 2013.04.04 2012고단377
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

On December 7, 2012, from around 17:00 to 18:40 of the same day, the Defendant: (a) franced the victim E at the entrance and entrance of the first floor of the F Hospital operated by the victim E, the Defendant interfered with the business; (b) franced the victim E, “YYYYY,” and francing the victim’s arms, and obstructed the victim’s hospital services by force by force by harming the stability of the patient hospitalized in the hospital by putting the victim’s arms, and preventing the victim from treating the patient.

Obstruction of Performance of Official Duties: (a) the Defendant was required to leave the hospital from the slope G belonging to the Yeongdeungpo-dong Police Station, which was called for a disturbance at the same time and place as above (1) of the above paragraph (1) of the same Article; (b) the Defendant took a bath to the above G, “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 am out the chest of the above G on one occasion on one occasion on one occasion on one occasion on one occasion on the face, am out, I am a slope of the slope of the Yeongdeungpo-dong Police Station affiliated with the Yeongdeungpo-dong Police Station, and assaulted the above H on one occasion on one occasion on one occasion on one occasion on drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of I, G, and H;

1. Application of Acts and subordinate statutes to the investigation report (Attachment of photographs);

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crime of obstruction of performance of official duties heavier than the hostage)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crimes between the crimes for which the sentencing guidelines set forth by the lower limit of the recommended sentence of not more than seven years and six months under the law on the grounds of sentencing Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act, and the crimes for which no sentencing guidelines have been set.

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