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(영문) 청주지방법원영동지원 2020.08.13 2020고단47
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 April 4, 2020, from around 01:53 to 02:39 on the same day, the Defendant had talked with the Defendant in relation to C and ad hoc hours, etc. working at the front corridor of the Dongcheon-gun apartment management office in the foregoing management office. On the one hand, the Defendant expressed the Defendant’s desire to undergo an examination from E by the police officer E, who was dispatched after receiving 112 report.

In addition, at around 02:43 on the same day, the Defendant assaulted the right face of E on one occasion by drinking to the right side, stating, “I will see that I have a late night and there is only a guest. I will see the next day.”

As a result, the Defendant interfered with the legitimate execution of duties of police officials in relation to 112 reporting affairs.

2. On April 4, 2020, at around 02:52, the Defendant: (a) destroyed and damaged the floor by putting a plastic X-packer in hand at the market price equivalent to KRW 22,000, which is the market price owned by the Victim Housing Management Corporation, a stock company that was located there for the said reason; and (b) the Defendant destroyed and damaged the floor at around 02:52.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A report on internal investigation (damage and destruction of property, obstruction of performance of official duties), and a statement of handling of reported cases;

1. Application of CD files (clock images)-related Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act and Article 366 of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying and damaging property and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

A. The first type of obstruction of the performance of official duties (determination of the type of obstruction of the performance of official duties) is the first type of obstruction of the performance of official duties.

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