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(영문) 청주지방법원 영동지원 2018.09.06 2018고단85
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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. On March 24, 2018, at around 02:55, the Defendant: (a) sought a victim’s “D main point in the operation of the Victim C, which was located in Chungcheongnam-gun, Chungcheongnam-do; (b) sought a guidance to demand a victim to provide other entertainment receptions; (c) sought an additional payment from the victim; and (d) sought money; and (c) sought money from the said main point; and (d) subsequently, the Defendant destroyed the victim’s market price, which was located in the said main point, by taking the victim’s own account of 352,00 won.

Accordingly, the defendant damaged another person's property.

2. 공무집행 방해 피고인은 2018. 3. 24. 03:01 경 위 D 주점 앞 E 주차장에서, 제 1 항과 같은 사건으로 위 C의 112 신고를 받고 출동한 옥천 경찰서 F 지구대 소속 경찰관 경위 G, H으로부터 피고인의 행위에 대해 제지를 당하고, 이후 옥천 경찰서에 출석하여 조사를 받을 것을 안내 받은 후, 위 G, H이 그대로 순찰차를 타고 돌아가려 하자 화가 나 " 야 씨 발 짭새들아 서 봐 "라고 소리치며 순찰차를 세우고, 이를 제지하는 위 G에게 " 개새끼야 옷 벗고 한번 붙어 보자, 공무집행 방해죄 3,000,000원 벌금 내면 될 것 아니냐.

‘The Badem', ‘The Badem' was used, ‘G' was used as a knife, ‘the Badem' was used as a knife, ‘the flife' was fl

Accordingly, the Defendant interfered with the legitimate performance of official duties concerning reporting processing duties by police officers G 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement prepared by G;

1. Application of the Acts and subordinate statutes of photographic and visual photography of the same product as a damaged photograph, damaged column;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. The community service order under Article 62-2 of the Criminal Act.

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