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(영문) 전주지방법원 2016.03.16 2015고단2199
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 27, 2015, the Defendant damaged public goods: (a) at the investigation of the former Jinjin-gu Police Station and the metropolitan detention room, the former Jinjin-gu Police Station, 299, and at the complete mountain police station department box, the Defendant arrested the suspect in the act of committing the act of committing the crime, and then took the procedure of taking the custody of the official goods at the detention room; (b) while receiving a request from the police officer B to transfer all of the mobile phones, the Defendant broken down waste 10,60 won at the market price managed by the former Jinjin-gu Police Station, which was around the above metropolitan detention room.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

2. The Defendant was prevented from performing official duties, at the time, place, and time, place as described in paragraph 1, and the Defendant was informed of the disturbance, such as the fluoring of garbage, by the fluor, and by the situation C (49 years old) in which the former Jinjin Police Station belongs.

The Defendant knicked C’s right rank at the right right rank, followed C’s entry skill by drinking, and went beyond C’s name by launching.

As a result, the defendant interfered with the duties of suppression and investigation of crimes, and at the same time, the victim C with approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Police statements B, D, and E;

1. Investigation report (the relationship of attaching photographs, etc. of damaged parts, the relationship of attaching screen pictures, etc.);

1. Medical certificates, estimates, photographs of damaged parts, etc.;

1. Application of the Acts and subordinate statutes on indictment for oral indictment;

1. Article 136 (1), Article 141 (1), and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act, and the choice of imprisonment, for an ordinary competition (the crimes of interference with the performance of official duties and the crimes of injury, and punishment for an injury higher than punishment);

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. Article 62(1) of the Criminal Act provides for the suspension of execution (the following sentencing factors shall be considered) (the sentencing guidelines).

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