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(영문) 광주지방법원 목포지원 2019.03.29 2019고단76
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On December 20, 2016, the Defendant was sentenced to imprisonment for six months and for two years in violation of the Punishment of Violences, etc. Act (joint assault) at the Gwangju District Court on December 20, 2016. On March 29, 2018, the Defendant completed the enforcement of the sentence in a wooden prison.

【Criminal Facts】

1. Around 02:04 on January 17, 2019, the Defendant causing property damage caused damage to the victim’s property by putting the D in the entrance cresh of the elevator in which the de facto marital relationship was in a de facto marital relationship in B apartment Cdong elevator, and putting the Plaintiff’s knife his knife his knife his knife in the entrance of the elevator managed by the victim E, and by walking the entrance of the above elevator opened several times, causing damage to the said elevator with the repair cost of KRW 2.4 million.

2. On January 17, 2019, the Defendant committed an act of obstruction of performance of official duties: (a) around 02:19, on the 6th floor of Bapo-si apartment building B, with the neighbors for the reason of the act described in paragraph (1) and 112 of this Article, which was frighted by a large voice with the neighbors on the ground of the act in paragraph (1), and was under restraint from G in the background where he belongs to F of the Bapo-gu Police Station F, which was called out after receiving a report, threatening him, as he would go against the Defendant’s failure to wear the leash; and (b) in his hand, he tried to arrest the Defendant in the act of obstruction of official duties to take the fat, and to walk on the right side of G by walking back once.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement on G, H, E, and D;

1. A written statement of I;

1. Written estimate, on-site photograph, and written opinion;

1. A CD reproduction of CCTV images taken by a suspect;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The aggravated Criminal Act for concurrent crimes.

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