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(영문) 청주지방법원 2017.05.02 2016고단2243
공무집행방해등
Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

1. On September 3, 2016, Defendant A’s property damage: (a) around 00:30 on September 3, 2016, the Defendant: (b) destroyed a standing signboard in front of “D cafeteria” located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu; (c) which was placed in the front of the “D cafeteria” zoneed with B, and was placed in the front of the “D cafeteria”; and (d) the Defendant 14,000 won of the market price was fluored by the victim E.

Accordingly, the defendant damaged the victim's property and harmed its utility.

2. The Defendants who interfered with the Defendants’ performance of their official duties at the same place on the same day, at around 00:35, and at the same place on the same day, were asked by Cheongju-ri Police Station FJ G affiliated with the Cheongju-gu Police Station FJK G and Police Officer H about the charge of property damage and assault, but did not answer. Defendant B tried to leave the place, stating, “I will leave the place” to the police officers.

Accordingly, the above police officers attempted to arrest Defendant B as an offender in the act of committing an offense, Defendant A pushed the arms of slope G with his hand, Defendant A was faced with the face of H one time, and the police officers attempted to arrest Defendant A again as an offender in the act of committing an offense. Defendant B followed Defendant B’s police officers, and Defendant A served as a sloping G.

As a result, the Defendants conspired to perform their legitimate duties in relation to the above G and H's 112 report processing and arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

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

1. A written statement of I;

1. Application of CCTV-cape photograph Acts and subordinate statutes;

1. The Defendants under the relevant provisions of the Criminal Act concerning criminal facts: Articles 136(1) and 30 (Interference with the performance of official duties) of the Criminal Act, and Article 366 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (which is between the defendants' interference with the execution of official duties)

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Aggravation of concurrent crimes (Defendant A), the former part of Article 37 of the Criminal Act, and Article 38(1)2 of the Criminal Act.

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