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(영문) 청주지방법원 충주지원 2017.01.13 2016고단738
공무집행방해
Text

Defendant

B Imprisonment with prison labor of 6 months, Defendant A shall be punished by a fine of 3,000,000 won.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Defendant B, on July 8, 2016, at around 02:50, when receiving a report from 112 that she abused F, the Defendant: (a) was under questioning of the police officer belonging to the Chungcheong Police Station G District of the instant police station, who was called out, and was asked by Ha about the instant situation; (b) Had the said F in order to take a trial expense; (c) Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Ha.

Accordingly, the defendant's 112 police officer's 112 duty of reporting was hindered.

2. Defendant A: (a) was arrested in the act of official duties due to interference with the execution of official duties at the above date, time, and place; (b) was unable to resist the arrest; (c) was carried out by Defendant A, upon receiving a request for support; (d) was carried out by Defendant A, a police officer belonging to the Chungcheongnam-gu Police Station G District; and (e) was carried out by Defendant B, who was called out upon receiving a request for support; and (e) was frighted by Defendant A, a knife knife knife knife knife knife knife knife knife knife k

Accordingly, the defendant's 112 police officer's 112 duty of reporting was hindered.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with regard to I, H, and F;

1. Application of Acts and subordinate statutes to a report on investigation (to hear statements in Iman);

1. Relevant Article of the Criminal Act and subparagraph B of the sentence regarding the crime: Article 136(1) of the Criminal Act (elective of imprisonment): Defendant A: Article 136(1) of the Criminal Act (elective of penalty)

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant B of a community service order: Article 62-2 of the Criminal Act;

1. Defendant A of the provisional payment order: The circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: In light of the circumstances leading to the instant case, the degree of the type of force exercised by the Defendants, and the circumstances after the commission of the crime, etc., the Defendants A’ liability for the crime is not easy. In particular, Defendant B had been punished several times due to the same criminal record.

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