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(영문) 광주지방법원 목포지원 2019.08.16 2019고단128
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 8, 2019, the Defendant, at around 22:20 on February 8, 2019, went to the police zone C District of the Jeonnam Police Station, on the part of the police station, after receiving a request for voluntary movement from the security guards D located in the Jeonnam Police Station C District, and moved to C District. On the other hand, the Defendant left the police vehicle on the front line of the southnam Police Station E at the time when he went to stop the vehicle, left the vehicle on the front line of the police station at the time when he went to the vehicle, and took the vehicle from the vehicle on his hand, and shicked the chest of the above police officer on his hand at a large interest.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports by the police officers.

2. Around 00:52 on February 9, 2019, the Defendant damaged the public object by removing a toilet changeer, which is an object used by the said police station, which is a public office, without any reason, at the cell room 2 room of the Yeongdeungpo Police Station located in 124, in the name of Sinpo-si, Mapo-si, Mapo-si, Mapo-si, 124, and thereby damaging the repair cost so that the Defendant would not exceed 50,000 won by releasing the toilet changeer, which is an object to be used by the said police station.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each statement of F, G, H, and I;

1. Image-related photographs, rackers destroyed photographs, and quotations;

1. Application of Acts and subordinate statutes to report internal investigation (attached to image data), investigation report to a detained A, and report internal investigation (limited to attachment to a detention room, image, and related photograph);

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of imprisonment for the crime;

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 of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1). The elements of obstruction of the performance of official duties / coercion of official duties (special person) are crimes: assault, intimidation, and deceptive scheme.

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