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(영문) 전주지방법원 정읍지원 2019.10.10 2019고단311
공무집행방해등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 28, 2019, the Defendant: (a) committed assault and damage to property: (b) around 18:13, 2019, on the ground that the Victim C (the 33 years of age) who is an employee of the management office (the 33 years of age) was flicked at the Defendant’s phone management office, he was flicked to the victim and was flicked at the 25,000 won of the market price of the victim’s possession, thereby damaging the victim’s b5,00 won of the market price.

2. At around 18:35 on May 28, 2019, the Defendant refused to disclose personal information while visiting a plastic beer’s disease in the face of the instant apartment, and the Defendant assaulted twice the face of the E, due to the defect in arresting the Defendant as a flagrant offender in the crime of obstruction of performance of official duties, by finding out the Defendant’s house located in the instant apartment, and 112 reported due to the same act as described in the foregoing paragraph (1) and attempting to listen to the circumstances of the case.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. Relevant photographs;

1. CCTV images, photographs and CDs;

1. Application of the receipt statute

1. Relevant Article 260(1) of the Criminal Act, the choice of punishment for the crime, Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution, the degree of damage, the fact that the defendant suffers from brain death for a long time, showing symptoms of the mental retardation, etc. is not good for health, the remaining dynamics of the defendant are protecting the defendant, and the suspension of indictment is one.

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