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(영문) 청주지방법원 2015.07.02 2015고단24
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

1. Around 18:40 on December 21, 2014, the Defendant of obstruction of performance of official duties and damage to property against C was on the street in front of the operation of 58-lane 39, Cheongju-si Airport at the Cheongju-si Airport, Cheongju-si, Cheongju-si, Cheongju-si, which was the victim upon receipt of the Defendant’s notification of the Defendant’s assault, thereby obstructing the victim’s performance of duties by asking for personal information, taking a bath to the D District Unit of the Cheongju-gu Police Station, who was the victim dispatched upon receipt of the Defendant’s notification of the Defendant’s assault, without any reason, and harming the victim’s snow part of the victim’s eye who was worn with a drinking-do, and at the same time harming the victim’s performance of duties by destroying

2. On December 21, 2014, around 18:45, the Defendant: (a) arrested the offender in the act of paragraph (1) at a place specified in paragraph (1) at the scene; (b) was going to go to the D district on the back seat of the patrol line; and (c) without any justifiable reason, the Defendant obstructed the performance of duties of E in the manner that, without any reason, he was arrested of the Defendant in the act of paragraph (1) and was going to go to the front seat of the patrol line, “I am going to the front seat of the Cheongju Police Station D District on the Cheongju Police Station where he was on board the Cheongju, who was on board, for about five minutes of the Kanju Police Station D District, knife for about five minutes; and (d) transferred E to the back seat of the Defendant; and (e) obstructed E in the course of performing the duties of E in the manner that he walked off five to six times.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment), and Article 366 of the Criminal Act concerning facts constituting an offense (the point of destroying and damaging property, and the choice of imprisonment);

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Reference to the sentencing criteria;

(a) Basic and concurrent crimes: obstruction of the performance of official duties, obstruction of the performance of official duties, and

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