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(영문) 대구지방법원 김천지원 2020.02.05 2019고단1293
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. On July 28, 2019, at around 01:15, the Defendant: (a) 01:15, the old-si B apartment 18th floor of the Gumi-si, the noise problem; (b) opened a corridor connected with the main entrance bank, which is the victim C’s residence; (c) opened a window in the direction connected with the main entrance bank; and (d) laid the main entrance into the window in his hand, and then cut off the main entrance, such as electric ropes, which was placed on the front of the window, with his hand, and then put the stud of the string, which was attached to the main entrance window, and damaged the 110,000 won in total by launching the repair cost.

Accordingly, the defendant invadedd the victim's residence and damaged the victim's property.

2. At around 01:40 on July 28, 2019, the Defendant, at the same time, was subject to a 1112 report on the above apartment building 18th floor corridor, and was dispatched from G, the Defendant threatened the head of the Gu Police Station E-gu, the Gu Police Station E-gu, and the police officer with a view to dangerous objects in his/her residence (76 cm in length, 6 cm in diameter), with a view to having a view to the gate F and Gman in his/her corridor and in his/her corridor in his/her corridor (6 cm in diameter, 76 cm in diameter), and with a view to having a view to getting the head of the Gyeong F and G police officer by putting the gate gate, which was cited in his/her seat.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Each statement of C and H;

1. Police seizure records;

1. On-site photographs and closure photographs of a mobile phone;

1. 112 reported case handling table;

1. Application of the written estimate statutes;

1. Article applicable to criminal facts;

(a) Intrusion upon residence: Article 319 (1) of the Criminal Act;

(b) Damage to property: Article 366 of the Criminal Act;

(c) Special obstruction of performance of official duties: Articles 144(1) and 136(1) of the Criminal Act.

1. Selection of penalty: Imprisonment with prison labor;

1. Of concurrent crimes, the punishment of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act is the largest;

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