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(영문) 청주지방법원 2019.07.11 2019고단842
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Damage to property;

A. At around 14:40 on February 26, 2019, the Defendant destroyed outdoor advertisements of an amount equivalent to KRW 120,000 at the market price set up by the victim D in front of C Hospital located in Seo-gu, Seo-gu, Seowon-si, Cheongju-si, by means of tear, etc.

B. On February 26, 2019, around 14:54, the Defendant destroyed the victim F’s mail that was set up on the entrance wall in front of the Seocho-gu E Housing, Seo-gu, Seowon-si, Seowon-si, by means of removing the mail in the amount of KRW 50,000 at the market price, which was set up in the entrance wall.

2. At around 14:55 on February 26, 2019, the Defendant: (a) obstructed the performance of official duties of the police officer, without any justifiable reason, by assaulting the captain belonging to the Cheongju Police Station G District G District, which was called up after receiving 112 reports in front of the Cheongju-gu E Housing, by the head of the Cheongju Police Station G District, on the Cheongju-gu, Cheongju-si, with no reason for any defect that H attempt to get out of the vehicle, to remove a dangerous object, as described in paragraph 1(b); (b) laid off the ice, which is a dangerous object on the floor; (c) cut off 10 times the glass window of the patrol vehicle, which is a dangerous object on the floor; and (d) damaged the patrol vehicle so that the amount equivalent to KRW 945,976 on the h, who was intending to take away the wall, which is a dangerous object from the driver’s seat, thereby hindering the legitimate performance of official duties of H.

Accordingly, the defendant damaged public goods, and assaulted police officers H, thereby hindering police officers from performing their legitimate duties in relation to the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to H, D, and F;

1. Application of Acts and subordinate statutes concerning the site of the case, damage photographs, video images of the patrol car stuffs, and estimates;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 144(1) and 136(1) of the Criminal Act (the point of obstructing the performance of official duties by carrying dangerous articles), Article 141(1) of the Criminal Act, Article 36 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for each sentence;

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

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