beta
(영문) 수원지방법원성남지원 2020.08.12 2020고단1096

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 14, 2020, at around 02:38, the defendant suffered from the obstruction of performance of official duties, "any person who has lost a Handphone", the police officer D belonging to the district unit of the police station of the branch police station called upon receipt of a report to "if he is unable to find a Handphone," and the defendant's house located in Gwangju City E at the patrol vehicle of the city of Gwangju. On the same day, at around 03:20 on the same day, the defendant's house located in Gwangju City, opened a back seat door before the defendant's house located in Gwangju City, and made the above D's chest part of the defendant's house, which was demanded to open a back seat door in his hand, and closed the back seat door and faced with the body of the above D's body.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers.

2. On March 14, 2020, around 04:10 on March 14, 2020, the Defendant damaged public goods by walking a toilet entrance or a stop gate from a toilet located in the area F of Sungnam-si, Sungnam-si, and broken off.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (on-site conditions, etc.), on the site, and a photograph of damaged damage, a report on investigation (Submission of a written estimate to damage the destruction and damage of property), a written estimate of construction, and a report on investigation (11

1. Relevant Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment for the crime (the point of damaging goods for public use and the choice of imprisonment);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) is that the degree of violence used by the defendant to the police officer in charge of performing his official duties is not weak, and that damage the public goods to the extent that it is not severely punished.

However, the defendant is against and damaged for public use.