beta
(영문) 수원지방법원 평택지원 2017.07.12 2017고단609

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

One cutter (the total length of 95cc, No. 1) and agriculture for unloading a seized exhaustr.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to two years of suspension of execution on July 30, 2015 by obstructing the performance of official duties in the Suwon District Court, which became final and conclusive on August 7, 2015, and is currently under suspension of execution.

[Criminal facts] The Defendant sent to the correctional institution a police box located in Pyeongtaek-si C on March 23, 2017, when drinking alcohol on March 23, 2017.

D. In other words, the Defendant’s refusal and demand to return to the Defendant was neglected by the police officer at his age, and on the same day, at around 01:50 on the same day, the Defendant’s residence, which was dangerous articles kept in custody in the Defendant’s warehouse (m) and at least 95cm in length (m) and 30cm in agricultural use (m) and sought again with the above police box, and then, he would die.

p. N. N. N. L. H. L. L. L. L. L. L.C.

(i) to throw away the brush with the improvement;

” 고 소리를 지르고, 계속하여 손에 쥔 위 쇠 갈고리와 낫으로 파출소 유리문을 수회 내리쳤다.

As a result, the Defendant, carrying dangerous objects, and by threatening police officers who were performing legitimate duties concerning public peace and maintenance of order, obstructed the performance of official duties, and damaged 4,50,000 won of the repair cost by strengthening the entrance and exit used by the police box, which is a public official, by means of a replacement of glass.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Police seizure records and list of seizure;

1. Written estimate;

1. Each photograph;

1. Previous convictions: References to inquiries, investigation reports (verification of the same kind of force), application of Acts and subordinate statutes concerning investigation reports;

1. Article 144(1), Article 136(1) of the Criminal Act (the point of obstructing the performance of special official duties) and Article 141(1) of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Confiscation Article 48 of the Criminal Act.