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(영문) 대전지방법원서산지원 2020.09.24 2020고단727
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[Criminal Power] On March 16, 2018, the Defendant was sentenced to eight months of imprisonment for the obstruction of performance of official duties at the Seosan Branch of the Daejeon District Court on April 18, 2018, six months of imprisonment for the crime of assault at the Daejeon District Court on April 18, 2018, and four months of imprisonment for the crime of causing property damage at the Daejeon District Court on July 12, 2018, and the execution of the sentence was completed at the Daejeon Correctional Institution on July 23, 2019. On May 27, 2020, the said judgment became final and conclusive on June 4, 2020.

【Criminal Facts】

1. At around 03:08 on May 3, 2020, the Defendant: (a) 112 reported on the road in front of the Chungcheongnam-si, Chungcheongnam-si; and (b) carried out a time signal to D, a police box of the Seosan Police Station C, who called “Is the scar in front of the road” on the road in front of the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si; and (c) assaulted the above D with both hand, on the ground that D was scar in opposition against the peace police.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

2. On May 3, 2020, the Defendant: (a) was arrested as a flagrant offender suspected of obstruction of performance of official duties; (b) was transferred to the cell of the Seosan Police Station located in 327, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do; and (c) requested a police officer to request a coffee to the police officer; (d) when he refused to request a coffee, the Defendant was able to ask the police officer to change the coffee; (b) the Defendant scood the wall wall of the toilet; (c) the scooer inside the entrance of the cell; and (d) the toilet was removed by her hand.

Accordingly, the Defendant damaged the detention room entrance and toilet cushioner used by public offices so that the repair cost amounting to KRW 400,000.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the police concerning D, a written statement of field image;

1. Records of judgment: Criminal history records, inquiry reports, investigation reports (Attachment to the same type of power judgment, etc.), and application of Acts and subordinate statutes on personal confinement status;

1. Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 141 of the Criminal Act concerning criminal facts.

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