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(영문) 청주지방법원 2016.11.08 2016고단2114
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 01:30 on September 29, 2016, the Defendant was requested to return home from the victim G(29 years of age) and the police officer of the Cheongju Police Station, who was dispatched to the site after receiving a report of 112 that the Defendant avoided the disturbance by large sound, and could be punished as a violation of the Punishment of Minor Offenses Act from the victim G(29 years of age) and the police officer of the Cheongju Police Station, who was dispatched to the site. However, the Defendant continued to go home with large sound as he sawd with the district and gets on board the patrol vehicle.

피고인은 2016. 9. 29. 01:52경 청주시 서원구 I에 있는 청주상당경찰서 F지구대 내에서, 피해자 G로부터 신분증 확인 및 음주소란으로 인한 경범죄처벌법위반 스티커에 서명을 요구받자, 서명을 거부하면서 “어린놈의 새끼가 싸가지가 없다, 아까부터 마음에 들지 않는다”라고 말하면서 손으로 피해자의 배 부위를 2회 밀고, “양아치 같은 새끼, 내가 뭘 잘못했는데, 싸가지 없는 놈”이라고 욕설을 하면서 주먹으로 피해자의 얼굴을 1회 때렸다.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the prevention, suppression, etc. of crimes, and at the same time, the Defendant placed approximately three weeks of medical treatment on the victim, such as the impairment of the character of the oral and oral discipline, gambling, inspection, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning G;

1. 112 reported case handling table;

1. Photographs of damage and written notification of penalty payment;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing investigation reports and CCTV images photographs;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The responsibility for the instant crime that interferes with the execution of duties by inflicting an injury on police officers with the reason of sentencing under Article 62-2 of the Probation Criminal Act.

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