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(영문) 청주지방법원 2014.06.27 2014고단202
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 24, 2014, the Defendant damaged the property by destroying the glass of the distribution system of electricity measuring instruments installed on the wall of Cheongju-si, Chungcheongnam-gu, Cheongju-si, and the market price, which was installed on the wall of Cheongwon-gu.

2. At around 23:59 on January 24, 2014, the Defendant: (a) confirmed the Defendant’s damage to the distribution system at the above location; and (b) confirmed that D and E, who had been called up after receiving 112 a report, destroyed the distribution system; (c) demanded the Defendant to present identification card; (d) the Defendant’s dwelling, entered the Defendant’s dwelling, No. 101 of the above BGrara 101, and opened the kitchen (the total length of 31cm, the blade length of 18cm), which is a dangerous object in the string of the string of the CG, and the police officer threatened the said police officer, by opening the entrance, via a knife door, and by threatening the said police officer, to kill the said police officer.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of the police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E-statements;

1. On-site photographs;

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

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for the crime, and Articles 144 (1) and 136 (1) of the Criminal Act;

1. Of concurrent crimes, the Defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act reflects the truth while attempting to commit a crime.

Although the defendant was punished for a crime of the same kind in 2008, he seems to have lived in good faith except for such a situation.

In particular, the owner of the loan, which is the victim of the damage and damage of property, also expressed his/her intent not to be punished against the defendant by taking advantage of the defendant's sincerity.

This is the case where the defendant is under the influence of alcohol.

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