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(영문) 춘천지방법원 2017.07.06 2017고단240
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 11, 2016, the Defendant interfered with the performance of official duties: (a) on the road in front of Chuncheon City on the road in front of D, Chuncheon City, “A person who does not know of his/her existence” was reported and sent to the site by 112, the security guards belonging to the Chuncheon Police Station E zone F, a female police officer called to the site by the Defendant, who was a female police officer called to the site and called to the site, has become a bad.

We are placed in the mind of width.

“In doing so by hand, when intending to keep female police officers and demanding their return to Korea, F expressed that “I see where I see, where I see, I see,” and assaulted F by plucking F’s left hand by hand, such as plucking, plucking, etc. of left hand hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning field measures by police officers according to 112 report.

2. On January 11, 2017, at around 05:05, the Defendant: (a) obstructed the performance of official duties; and (b) arrested and detained the Defendant in the act of committing a crime, as described in paragraph 1, at the Chuncheon Police Station and the “Protection and Custody Office” located in Chuncheon-ro 61, Chuncheon-si; (c) thereby damaging the Defendant’s public property by breaking the disturbance in his/her hand, driving the door in his/her hand, and booming the disturbance in his/her hand, and destroying the disturbance by b75,000 won at the market price.

Accordingly, the Defendant damaged soundproof ceiling and crowdfunding used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. A written statement of I and J;

1. Application of relevant photographs, the 112 Reporting List, photographs, estimates, and CD-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each crime;

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

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

1. Protection observation and community service order under Article 62-2 of the Criminal Act / [Defense Counsel] Article 62-2 of the Criminal Act / The defendant had a mental and physical weakness under the influence

The argument is asserted.

According to the records, the defendant committed the crime of this case.

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