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(영문) 청주지방법원 2016.05.31 2014고단1248
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

On August 13, 2014, the Defendant, while drunking on the road in front of the “D Mart” located in Kuak-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, under the influence of alcohol, received a report from 112, and called the Defendant, “Ig, Hah, Lin, and Linh, police officer,” who is a police officer belonging to the E District of the Cheongju Police Station Ear-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, and called the Defendant.

The phrase “satisfly sound,” and the disturbance did not answer even though he was asked by F and G about personal information.

Accordingly, there is a defect in order to arrest the Defendant whose residence had not been confirmed by F and G as the current offender against the crime of violation of the Punishment of Minor Offenses Act. The Defendant saw that “I am this dog son, I am lave, I Ra,” and am son at one time by hand the part of G.

Then, the Defendant: (a) laid the antenna of the H patrol vehicle, which is a public object in its place, and then removed the back seat of the patrol vehicle and damaged it.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by police officers, and damaged things used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the patrol picture, written entrustment, and written estimate of general repair expenses;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Obstruction of the performance of official duties in the sentencing criteria: From June to April of the basic area: Handling a majority of crimes committed in six months to June of the basic area: From June to February of two years; and

2. The fact that the Defendant’s decision of sentencing is against the Defendant while committing a crime, commits any contingent crime by drinking alcohol, does not impose any restriction on the degree of assault to obstruct the performance of official duties, has a record of being punished by a fine of two million won due to interference with the performance of official duties in around 2011, and other criminal laws.

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