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(영문) 청주지방법원 2018.05.16 2017고단2819
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 October 1, 2017, around 16:40, the Defendant damaged the said car by walking the victim’s C car, which was parked in front of the apartment complex 1, 52-1, which was parked in the front of the 104-dong-gu Seoul metropolitan area, with a KRW 52-1,00,00, without any justifiable reason, to walk the car to the right-hand side of the vehicle C car owned by the victim B, and getting the string of the said string, off the string, etc., so that the string of the said stringer’s repair cost is unsured

2. The Defendant who interfered with the performance of official duties was arrested as a current offender for the crime as described in the above paragraph (1) due to the suspicion of property damage, and was transferred to E District Unit of the Police Station with a reasonable Cheongju-si, Cheongju-si. On October 17:15, 2017, the Defendant sits on the spot from the police officers belonging to the above Cheongju-si to the Cheongju-si.

“A while not having complied with the horses,” the police officer F of the said patrol group, who tried to sit the Defendant on the job, assaulted F on one occasion the face of F in the drinking by “I am feculing this gue”.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B or F;

1. Explanation of photographs and application of the Acts and subordinate statutes governing CCTV images;

1. Relevant Article 136 of the Criminal Act, Articles 136(1) and 366 of the Criminal Act, and the choice of imprisonment for the crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order and Article 62-2 of the Criminal Act: A large number of criminal records exist, circumstances favorable to the poor quality of the crime: The confession of the crime, the degree of damage to property, the degree of damage to property, and the victim does not want the punishment against the defendant under the above circumstances, the punishment shall be determined as ordered by comprehensively taking into account the defendant's age, sex, behavior, environment, motive, means and consequence, circumstances before and after the crime, etc.

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