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(영문) 수원지방법원평택지원 2020.08.20 2020고단1636
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

One (15 cm in length, 6 cm in total) (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The Defendant had been sentenced to one year and six months of imprisonment for violating the National Security Act on 1985, and he thought that he violated the territory of the Republic of Korea. He paid a penalty on several occasions as a violation of the Punishment of Minor Offenses Act, which was committed to avoid disturbance or enter the military unit in front of the soldiers’ sentiments, and was subject to suspension of indictment.

On July 4, 2020, at around 19:45, the Defendant was unable to avoid a disturbance under the influence of alcohol in front of the k55 military unit of the United States Armed Forces in Korea. Upon reporting by the military police officer of the United States Armed Forces, the Defendant was solicited to return home from C and D, a police officer of the Pyeongtaek-si Police Station B, who was called upon by the military police officer of the United States Armed Forces.

On July 4, 2020, the Defendant, at the front of the entrance of the coal special zone in front of the above military unit, expressed a bath to citizens who were in front of the entrance of the above military unit, fluoral, and fluoral at around July 21, 2020, at around 06, the Defendant fluored the blade of the beer blade ( approximately 15 cm in total length, approximately 6 cm in length of the blade), who was in possession of a dangerous object from the above C, and assaulted C with a fluoral part of C’s chest.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties by police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police statements of D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes by cutting off on-site photographs, damaged photographs, and CCTVs;

1. In light of the pertinent legal provisions on criminal facts, Articles 144(1) and 136(1) of the Criminal Act, and the purport that the Defendant’s assertion of the Defendant and his/her defense counsel at the time of the instant crime, the Defendant alleged that he/she did not memory by taking advantage of his/her mental and physical disorder at the time of the instant crime, and the background, means and method of the instant crime, and the conduct before and after the instant crime, etc., the Defendant is deemed to have no ability to discern things or make decisions due to influence of drinking at the time of the instant

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