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(영문) 춘천지방법원 2018.12.12 2018고단1029
공무집행방해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 7, 2018, the Defendant interfered with the performance of official duties, on the front side of D, located in Chuncheon-si, Chuncheon-si, and around 23:27, when he received a report from 112 that the junator was used, the Defendant demanded the Defendant to shoulder and return home, and he assaulted the F’s hand son at one time at the time of drinking, and assaulted the Defendant’s face with the defective policeman who was arrested as the current offender and detained him at the patrol vehicle.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. The Defendant damaged public goods at the above time and place, as seen above, destroyed KRW 15,00 of the repairing cost by lowering the PEA Flag ( model number: LK-P31) brought by the police officer G, who was demanded to return home from G, in his hand, at the above time and place.

Accordingly, the defendant damaged the articles used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A H statement;

1. Application of Acts and subordinate statutes to damaged photographic pictures (PDA printers), each 112 reported case processing table (netly 4,5), balc cam CDs, estimates, and victim G photographics;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141 (1) of the Criminal Act (the point of impeding the performance of official duties) concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an element of sentencing unfavorable to the Defendant, such as not only assaulting the police dispatched by the Defendant upon receiving a report of 112, damaging public goods, but also assaulting the police during the process of arresting flagrant offenders to the effect that the nature of the crime is inferior, and that there is no agreement with the damaged police.

However, the defendant recognizes the crime of this case.

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