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(영문) 광주지방법원 2019.05.09 2019고단828
특수공무집행방해등
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. Around 00:30 on December 31, 2018, the Defendant: (a) driven the E 1t Poter truck under the influence of alcohol leveling 0.053% from the section 15 meters of alcohol level from the front side of the entrance of the same apartment unit from the G-gu B apartment C-dong parking lot to the front side of the entrance of the same apartment unit D-dong.

2. At around 00:30 on the same day, the Defendant: (a) operated the above cargo vehicle at the front parking lot of the Gwangju Northern apartment B apartment-dong, Gwangju, and was called out of the apartment complex; (b) when G in the circumstances belonging to the F District Unit of the Gwangju Northern Police Station, which was called out after receiving a report, demanded the Defendant to stop off the front of the above cargo vehicle; (c) operated the above cargo vehicle, which is dangerous, as it is, and (d) operated the above cargo vehicle, as it is at the front part of the above cargo vehicle; and (d) 1,047,561 won of the above patrol vehicle was received in front of the above cargo vehicle, and 1,047,561 won of the repair cost was destroyed.

As a result, the defendant interfered with the legitimate performance of official duties by the police officer of the freight lane, which is a dangerous object, and at the same time, damaged the patrol vehicle which is a public object and damaged its utility

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Notification of the results of crackdown on drinking driving;

1. Investigation report (verification of I Blue Trams), investigation report (request for repair cost estimate of damaged vehicles), and investigation report (time when the suspect's drinking ends);

1. A working place in the F District;

1. On-site photographs;

1. Application of Acts and subordinate statutes as a result of the recycling of black boxes and video CDs;

1. Articles 144(1) and 136(1) of the Criminal Act regarding criminal facts at issue, and Article 141(1) of the Criminal Act, the Defendant’s act constitutes “the crime of damaging special goods for public use.” However, in light of the name of the crime in which the indictment is written, it is obvious that the prosecutor was indicted as “the crime of damaging special goods for public use.” Since it is unfavorable for the Defendant to recognize ex officio “the crime of damaging special goods for public use,” the prosecutor’s indictment is made.

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