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(영문) 청주지방법원 제천지원 2017.07.20 2017고단167
특수공무집행방해등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, refusing to withdraw, is a person who leased part of the house of the victim C and lived between October 21, 2016 and February 25, 2017.

At around 15:00 on February 26, 2017, the Defendant found the victim under the influence of alcohol and received the victim’s “dwarf electricity”;

In response to the request for a return, “the injured person during his/her questioning” was requested to leave several times to the effect that he/she was ‘the injured person’, but he/she rejected the request for a about two-hour period, such as lying the door in his/her residence, without good cause.

Accordingly, the defendant did not comply with the demand of the victim to leave.

2. On February 26, 2017, the Defendant: (a) at the house of the above C around 17:25 on February 26, 2017, the Defendant: (b) was demanded to return home from E in the circumstances surrounding the seat of the D District of the Do Police Station, the 112 reported and sent out; (c) “Chewing, dead, and discarded”; (d) Raber (18cm in total length) which is a dangerous object in the said place; and (d) threatened the face of the said E.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A protocol of seizure and a list of seizure;

1. A contract for lease of real estate;

1. Application of statutes on site photographs;

1. Relevant Article 319(2) and (1) of the Criminal Act, Articles 319(2) and (1) of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, and Articles 136(1) of the Criminal Act, the choice of imprisonment for each crime;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment heavier than that of a person who interferes with the execution of a special duty (limited to the extent that the punishment is aggregated with the long-term punishment of the above two crimes];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act, and the age, occupation, and occupation of the defendant.

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