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(영문) 전주지방법원 2019.05.14 2018고단2084

특수공무집행방해

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 becomes final and conclusive.

Reasons

Punishment of the crime

Around September 10:17, 2018, the Defendant, while under the influence of alcohol in the building B of the Yansan-gu Seoul Special Metropolitan City, was living together with D, and was called with D on September 8, 2018, the Defendant: (a) found the Defendant to be living together with D and D; and (b) found the Defendant, upon receiving 112 a report, she was working assistant F for the Yannam Police Station Escoping Station Escoping station Escoping to “D, dangerous f,” and said F “I will die, die, die, die upon entry, and die,” which is a dangerous object with sound over several occasions, “Abreing the sound (total length x day x 26 cm x 15 cm).”

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers who conduct 112 reporting processing by using dangerous objects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement (F);

1. Photographs damaged by police officers;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The nature of the crime is not good in that the confiscation interferes with the police officer’s performance of official duties, by putting a light on the cooking room, which is an object dangerous to the reason for sentencing under Article 48(1)1 of the Criminal Act.

However, the same sentence as the order shall be determined by comprehensively taking into account the following factors: the fact that one's mistake was committed, the fact that it appears to have been a contingent crime, the fact that one time of fines was the full amount, and the defendant's age, character and conduct, environment, motive and circumstance of each of the instant crimes, means and methods, circumstances after the crime, etc., and the conditions of sentencing as shown in the trial process.