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(영문) 전주지방법원 정읍지원 2019.07.16 2019고단312
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On June 15, 2019, the Defendant: (a) around 12:00 on June 15, 2019, at the home of the Victim C (Y, 79 years of age), the Defendant destroyed and damaged the victim’s house, the victim’s house, cream, spawn, spawn, spawn, mixing, and other things owned by the victim, such as the victim’s house, spawn, spawn, spawn, spawn, and mixing spawn at the market price.

2. On June 15, 2019, the Defendant used assaulting C and damaged property on June 12:20, 2019. On the 112:20, the Defendant committed assaulting the Defendant, and assaulting the Defendant’s left part of the bridge E in order to find out the circumstances of the instant case, and the security guards F in order to walk the body two to three times by walking the sashn part of the F of the security guards, and walking the body two to three times with a bad hand, and sashing the body five times on the face, and continuing to walk E with the security guards.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and the investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, F, and E;

1. Notification of a department related to reporting 112 cases;

1. On-site photographs and closure photographs;

1. Application of Acts and subordinate statutes to investigation reports (related to damaged articles), sites, and photographs of damaged articles and photographs of damaged articles;

1. Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for the crimes of obstruction of performance of official duties against each other, and the punishment for the crimes of obstruction of official duties against E, of which the punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crimes of obstruction of performance of official duties heavier than punishment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order is that the victim of damage to property does not punish the defendant, the degree of damage, and the crime of obstruction of performance of official duties.

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