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(영문) 광주지방법원 목포지원 2019.10.15 2019고단984

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 18, 2019, the Defendant: (a) around 06:30 on 18, 2019, up to C, in front of Sinpo City B; (b) without any particular reason, up to KRW 30,00 of the market price of the victim D owned by the victim; and (c) destroyed it.

2. On August 18, 2019, the Defendant of special obstruction of performance of official duties: (a) stated that “Isk-sk-sk-know loaded on a road and interfere with the progress of the vehicle,” on the front of the E shooting distance in front of the wooden Police Station No. 06:41, Aug. 18, 2019, “Isk-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kick-kak

Accordingly, the defendant carried dangerous objects and interfered with the police officer's legitimate execution of duties concerning 112 reported handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of H and D;

1. On-site photographs and photographs of damaged parts;

1. A report on investigation (or medical certificate and evidence image) and a photographic editing images of black boxes;

1. Investigation reports (report on confirmation of details of damage caused by property damage) and the application of Chapter II photographs to Acts and subordinate statutes;

1. Relevant statutory provisions concerning criminal facts, Articles 144(1) and 136(1) of the Criminal Act concerning the choice of punishment (special obstruction of performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Special Obstruction of Performance of Official Duties) (Special Obstruction of Execution of Official Duties). [No person who has been forced to perform official duties (No person who has been specially punished) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment;

(b) Type 2 of crime (damage and damage to property);