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(영문) 전주지방법원 군산지원 2019.10.04 2019고단879
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 27, 2019, the Defendant returned to the road front of the main point of “C” located in Gunsan-si B on March 27, 2019, and when the Defendant moved to the sidewalk by the police box of the Gunsan Police Station, which was dispatched after receiving the 112 report, to the sidewalk, etc., the Defendant committed assault to the effect that the above E was “drawing off to the sidewalk on the road,” and that the said E was “drawing off to the sidewalk.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

2. The Defendant damaged public goods for the same reason as the above 1.1., and was arrested in flagrant offender and was in two rooms at the detention room of the Gunsan Police Station located in the Siamamam 3.1-1-82 in the military. On March 28, 2019, around 00:25, the Defendant removed complaints regarding the arrest of flagrant offenders from the toilet of the above detention room and damaged their utility by removing, in his hand, approximately KRW 33,00 of the market price of the public goods.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A statement of F and G;

1. Two copies of a photograph of damage police officers, and six copies of a photograph of damage to public goods;

1. Application of tax invoices under Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141 of the Criminal Act, the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant reflects the crime and that there is no penalty heavier than a fine. Although the defendant was in prison, the police officer who was dispatched after receiving 112 report was well aware that he was on duty and was well aware that he was on duty, and was arrested as a flagrant offender and detained in the detention room of the police station.

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