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(영문) 청주지방법원 2017.11.02 2017고단1971
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On April 1, 2016, the Defendant was sentenced to six months of imprisonment by the Cheongju District Court due to interference with business affairs, etc., and was released on July 29, 2016 in the Cheongju Prison, and the parole period expired on August 9, 2016 during the execution of the sentence.

[Criminal facts]

1. On September 11, 2017, around 05:48, the Defendant damaged the public property in front of the “D” way, which is located in Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju. On the same day, the Defendant was under the influence of alcohol and received a report from the police officers who called out and received the Defendant, who was frightd to go home, and thereby, damaged the Defendant by drinking the boomer of the patrol vehicle parked at the same place, and then damaged the Defendant’s repair cost by leaving two 83,963 won in total after receiving several favorables of the patrol vehicle.

Accordingly, the defendant has harmed the utility of goods used by public offices.

2. The Defendant interfered with the performance of official duties, as described in paragraph 1 of around 05:50 on September 11, 2017, destroyed the patrol vehicle, as indicated in paragraph 1, while cutting down the patrol vehicle from F, Cheongju-ju E District Police Station E District Police Station, Cheongju-ju, Cheongju-gu, Habbro, and Habk Had Had Had Had Had Had Had Had Had Had Had Hak, “

The expression "I ambling" shows action that seems to be done in the context of "I ambling, I amblish, I amblish, I amblish."

“The police officer threatened the police officer.”

As a result, the Defendant interfered with the police officer's legitimate performance of duties concerning the handling of reported cases and the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A photograph description;

1. An investigation report (a report accompanied by a detailed statement of handling cases reported, etc.);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report (the confirmation of a repeated crime and the termination of execution of punishment);

1. Relevant Articles 141(1) (a) and 136(1) (a) of the Criminal Act, Article 136 of the Criminal Act (a point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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