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(영문) 창원지방법원 밀양지원 2018.12.20 2018고단529

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On October 13, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for obstructing the performance of official duties in the Changwon District Court’s Seongbuk Branch, and completed the execution of the sentence on August 29, 2017.

[2] On October 30, 2018, from 00:50 to 01:02, the Defendant reported several times to the effect that “the Defendant did not receive KRW 20,000 won from C” to “the Defendant did not receive KRW 20,000,000.” On the same day, around 01:10 on the same day, the Defendant sent the Defendant’s statement to the front way of the Franchi City Fa in which five police officers, including E, etc., such as the process during which the Defendant was assigned to the smuggling Police Station D police box, and explained the Defendant’s statement as civil matter after hearing the Defendant’s statement. The Defendant expressed that “I do not have to resolve the police width, I want not to have the police go through, but rather, to take part in the police officer.”

After explaining the police officer E and patrolmen, they obstructed the front of the defective patrol vehicle in order to depart from the patrol vehicle by getting on the patrol vehicle, and followed the patrol vehicle, they expressed the bath called “a dog, anywhere,” and the mobile phone used by the Defendant was made up of the front glass of the patrol vehicle according to the patrol vehicle.

As a result, the Defendant committed violence to police officers who are performing legitimate duties concerning the prevention of crimes such as 112 reporting process.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Police seizure records;

1. CCTV photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as judgment, acceptance status, criminal history, etc.;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of punishment] is the fact that the crime was committed during the period of repeated crimes with respect to the same type of crime (one year to four years), the aggravation area (one year to four years), the aggravation area (special aggravation of punishment], and the fact that the crime was committed during the period of repeated crimes with respect to the same type of crime, and the background, motive, means and consequence of the crime, and the circumstances after the crime