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(영문) 수원지방법원 평택지원 2016.07.22 2016고단1088
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On June 3, 2016, the Defendant damaged two copies of the entrance doors of the building of the elderly conference, which he/she managed by the victim D (85 tax) of the victim D (85 tax) of Pyeongtaek-si in Gyeonggi-do, 2016, by drinking alcohol without any reason, and destroying two copies of the entrance doors of the city.

2. On June 19, 2016, the Defendant obstructed the performance of special official duties by entering a G police box located in Pyeongtaek-si F of Gyeonggi-si, and was arrested for the reason of the unpaid fine before this mold, and the Defendant was fluencing the police box H and guard I who had been performing night duty at that place. “Pesth was flucing him as a fine.”

Chewing typ gushes died, and have caused death.

"Chacker kacks (24 cm in total, 12 cm in length) which are dangerous objects that have been prepared and prepared in advance for high sounds, and threatened police officers.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to J and H;

1. Written statements of D;

1. Police seizure records;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act, the choice of punishment under Article 366 of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act (the point where it interferes with the performance of official duties of carrying a deadly weapon) concerning the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Determination of types - Destruction of property: Type 1 from among groups of general crimes - Special obstruction of performance of official duties: Type 1 from among groups of crimes that interfere with performance of official duties;

1. Special sentencing factors - No person who damages goods: - No person who obstructs the performance of special official duties: Where the person carries dangerous goods (aggravated factor); and

1. Scope of recommendations - Loss of property: April to October (the basic area of type 1) of imprisonment - interference with the performance of special official duties: one year to one year; and

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