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(영문) 광주지방법원 2020.09.10 2020고단3978
공무집행방해등
Text

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

Reasons

Punishment of the crime

[Criminal Justice] On February 25, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties at the Gwangju District Court on February 25, 2016, and was sentenced to four months of imprisonment with prison labor at the Gwangju District Court on February 21, 2018 and confirmed on March 1, 2018, the sentence of suspension of execution was invalidated and the execution of each of the above sentence was terminated on January 8, 2019.

【Criminal Facts】

1. Around 05:00 on July 27, 2020, the Defendant damaged the victim’s D market value equivalent to KRW 7,30,000,00 in total by damaging singing machines, monitors, glass, showes, etc. by gathering and exposing erodes, etc. without any justifiable reason, within the 5 studio in Seo-gu, Seo-gu, Gwangju, without any reason.

2. At around 10:00 on July 27, 2020, the Defendant arrested a flagrant offender with rioted in a singing room, and subsequently interfered with the police officer’s legitimate performance of duties by assaulting the face part of the E face one time, by assaulting the police officer at one time, when the security guards conducted the procedure for the physical search room in the cell room of the Seo-gu Police Station, Seo-gu, Seo-gu, Seo-gu, Gwangju, a Standing Park, when the security guards took place in the cell, and following the procedure for the physical search room of the cell of the Seo-gu Police Station, Seo-gu, Seo-gu, Seoul.

Summary of Evidence

1. On-site photographs, recording records, etc. of each police officer's written statement of the defendant F, E, and D;

1. Criminal records as stated in the judgment: Criminal history records, investigation reports (verification of repeated crimes and the date of release), two copies of the judgment, one copy of the integrated case search data, and one copy of the current status of confinement of each individual;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Legal penalty;

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