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(영문) 청주지방법원 충주지원 2016.08.26 2016고단393
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 5, 2016, at around 20:50, the Defendant received 112 reports from an instigious person that “under the influence of alcohol,” and received a request for returning home from D Inspector of the Chungcheong Police Station who was dispatched to the said site on May 5, 2016, the Defendant was unable to avoid any disturbance, such as taking a bath.

Defendant D, using his mobile phone, took the image of the video recording for the purpose of evidence by using the mobile phone, at least once as a fluent hand, the part of D.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to an investigation report accompanied by records ( mobile phone video CDs);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The circumstances favorable to the defendant that he/she interferes with the performance of official duties by assaulting, without any justifiable reason, a police officer who has been properly punished several times due to violent crimes even though he/she had the record of punishment: The defendant recognized the instant crime; the extent of violence he/she exercised is not much severe; the above circumstances and the defendant's age, sex behavior, environment, circumstances, means and consequence of the crime; and the conditions for sentencing, such as the circumstances after the crime, shall be determined by the order.

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