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(영문) 대전지방법원 서산지원 2016.05.20 2016고단211
특수공무집행방해등
Text

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

However, the execution of the above punishment 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 March 1, 2016, around 01:25, the Defendant: (a) expressed that “A” in the “C,” located in Seosan City-si B, would take a bath to the E (42) region belonging to the Seosan Police Station D District, which was dispatched upon receipt of a report, and sent to the E (42) region belonging to the Seosan Police Station D (3) who was called up, “the cypism will be detained;” and (b) carried the chest part and face part of the said E in both hands.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers E on the prevention, suppression, and investigation of crimes.

2. The Defendant interfered with the performance of special official duties, at the time and place described in the above paragraph 1, assaulted E, as described in paragraph 1, continued to break off the door door of the oral repair room by drinking, and broken off it once, which is a dangerous thing with the left hand, and displayed several times to the police officer F (33 years of age) belonging to the Seosan Police Station D police station, which was dispatched to the site with the above E.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties by police officers F in relation to the prevention, suppression and investigation of crimes.

3. The Defendant damaged property at the time and place mentioned in the above paragraph 1, and damaged the victim G-owned glass window (100cm x 80cm x 80cm) of the oral repair room (10cm x 80cm) equivalent to 40,000 won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Application of field photographs and photographs, and CCTV-related Acts and subordinate statutes at crime scenes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Articles 144(1), 136(1) (the point of obstructing the performance of special public duties) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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 on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The circumstances that were favorable to the fact that there was a risk of obstructing the performance of official duties by carrying dangerous things: it reflects.

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