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(영문) 청주지방법원 영동지원 2016.12.08 2016고단140
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. 공무집행방해 피고인은 2016. 10. 5. 00:23경 충북 영동군 C에 있는 ‘D’ 편의점에서, 술에 만취한 상태에서 우유를 사려다가 경찰관 출동 요청 신고를 받고 현장에 출동한 영동경찰서 E지구대 소속 경찰관 F로부터 편의점에서 나가달라는 요구를 받고 위 경찰관에게 “종업원 불러와. 우윳값 계산하면 될 것 아니야.”라고 말한 다음 손에 들고 있던 우유 팩을 집어 던지고, 그 옆에 있던 위 E지구대 소속 경찰관 G에게 다가가 “너는 뭐야.”라고 말하고 손바닥으로 G의 머리 부위를 1회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on crime prevention.

2. Around October 5, 2016, the Defendant damaged public objects by 02:30,000 the entrance of the protective detention room, which was used by a public office, to walk the entrance of the protective detention room on several occasions on the ground that the police officer was able to take care of himself/herself at the protective detention room, on the following grounds: (a) in the investigation and detention room located in the Young-dong Police Station and the detention room located in the Young-dong Police Station located in Young-dong, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do; and (b) in the case where the police officer was able to take care of himself/herself at the protective detention room: (c) 30,000 won of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each investigation report (the sequence 12, 13, 15, 16, 18 of the evidence list) and the application of Acts and subordinate statutes attached thereto;

1. Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

2. In the event that the act of assault and intimidation was committed against multiple public officials who perform the same official duties as prescribed in Articles 40 and 50 (Mutual Crimes of Obstruction of Performance of Official Duties on Board), multiple crimes of obstruction of performance of official duties are established according to the number of public officials who perform official duties, and the above acts of assault and intimidation are the same.

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