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(영문) 청주지방법원 2014.06.13 2013고단1811
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 29, 2013, the Defendant interfered with business: (a) around 20:30, the “E company operated by the victim D” of the victim D in Heung-gu Seoul Special Metropolitan City on the ground that the victim D did not have a pfash; (b) the term “whether there was a fash or no fash;” and (c) the Defendant made a fashion with “whether there was a fashion or no,” and (d) returned to approximately 20 minutes, by removing the commodity price list in the display stand, and dumping it into the floor, thereby interfering with the victim’s Schlage business by force.

2. On November 29, 2013, at around 20:45, the Defendant: (a) expressed that “Around November 29, 2013, the Defendant: (b) at the place specified in paragraph (1); (c) and (d) the Nonindicted Party G of the F District of the Chungcheongbuk-gu Police Station, called “I am frighte, she was unable to move; (d) the police guard was followed; and (e) the Defendant assaulted the part of the bridge part of the said G on the hand.”

In this context, while arrested a flagrant offender by G and slope H and being escorted to the patrol vehicle as above, the Defendant assaulted twice the face of the above slope H on the face of the above slope H.

Accordingly, the defendant interfered with police officers' legitimate performance of their patrol and arrest duties.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the verification of CDs in this Court;

1. The police statement of G or D;

1. A statement prepared by H and I;

1. Damage photographs;

1. Attaching a report on internal investigation (Attachment of a photograph of damage);

1. Application of Acts and subordinate statutes to report internal death (as to whether to treat a victim D hospital;

1. Relevant provisions of Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and Article 314 (1) of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act is seriously against the defendant's wrong

1. The dismissal of prosecution under Article 62-2 of the Criminal Act

1. The facts charged.

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