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(영문) 광주지방법원 목포지원 2014.09.29 2014고단1173

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

1. On July 27, 2014, the Defendant damaged the property owned by the victim, such as: (a) the victim’s 'Eoman’ operated by the victim D, who was at the time of Manman-si on the ground that the amount of singing costs is high; (b) the Defendant brought a dispute with the victim; and (c) the Defendant, who continued to set up the card settlement machine on the Kaman-si; and (d) the Defendant, at the oral bend where the report was filed, carried out the door door of the said one.

2. The Defendant of the obstruction of performance of official duties, upon receiving a report of 112 that a disturbance is being avoided at the time and place as stated in Paragraph 1, called “flabing in Mana Police Station” from a slope affiliated with the Fababba, which called “flabing in flab,” and called “flabing in flab. h. h. h. h. h. h. h. h. h.h. h.h.) on the face of the above G, spits down in several times, and continued to g face by drinking.

As a result, the Defendant was arrested as a flagrant offender due to obstruction of performance of official duties, etc. and moved to a police box 112 patrols, the Defendant, while taking a bath to the above G et al., continued to spit the spit of the trees following the above G et al., and brought the police officers with the view that “I am spite the spite of the police. I will die. I will die. I will die. I will die. I will die. I will die. I will die.” The Defendant spit the spite of the spite to the police officers in the vicinity.

Accordingly, the defendant interfered with legitimate execution of duties concerning the on-site mobilization of police officers and arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Written statements of D;

1. Application of Acts and subordinate statutes to areas of damage, damaged parts, and photographs of damaged objects;

1. Relevant Article 366 of the Criminal Act and Article 366 of the choice of punishment for the crime (the point of causing damage and destruction of property, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties

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

1. The Criminal Act, the suspension of execution;