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(영문) 청주지방법원 2017.09.27 2017고단1423
공무집행방해
Text

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

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A. On February 5, 2017, the Defendant was unable to return to the Defendant before C gas stations located in the Cheongbuk-gun, Chungcheongnam-do around 19:40 on February 5, 2017.

“Around the 112 report to the effect that it was sent, it was assaulted by the police officer on the part of the foregoing E’s face at a hand, and on the part of the hand, on the part of the said E’s face, by taking advantage of the patrol vehicle by the E circumstances belonging to the police station E, and by the slope F, to have the Defendant under the influence of drinking by using the patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives, bodies, and property of the police officers.

B. On February 5, 2017, the Defendant continued to arrest a flagrant offender on the charge of interference with the performance of official duties at the D District District of the Police Station of the Chungcheongnambuk-do, the Chungcheongbuk-do, the Republic of Korea, around 2017, at around 20:02, the Defendant: (a) attempted to walk the chest of the said F due to the defect that the slope F, who attempted to investigate the personal information of the Defendant; (b) did not look at the chest; (c) did not look at the chest; and (d) took the plastic bed of the said F, the Defendant was faced with the said plastic bed from the left eye of the said F, and sustained a bid with the F due to the defect that the slope F, who tried to investigate the personal information of the Defendant.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement F, damage photographs of the police's statement to E, and plastic diversic photo

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

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

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

4. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] Obstruction of Performance of Official Duties in Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) (6 months to 1 year and 6 months) / [Pronouncement Decision] Police Officers are not likely to commit a crime by using violence, and the Defendant is a violence.

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