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(영문) 청주지방법원 2021.02.18 2020고단1845
공무집행방해등
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 February 29, 2020, the Defendant attempted to intrude upon his residence on the part of the victim C (or the 64 years old), who was parked adjacent to the wall at the time of the residence of the victim C (or the 64 years old) located adjacent to the Cheongdong-gu, Cheongju-si, Cheongju-si, and tried to take the D Sspacket, which was parked adjacent to the wall, and tried to intrude the said residence beyond the aforementioned wall. However, the Defendant attempted to find the form and sound on the part of the victim.

2. Around 22:45 on February 29, 2020, the Defendant obstructed the police officer’s legitimate performance of duties regarding the handling of a police officer’s 112 report by assaulting the face of the above FF, i.e., gambling at the E District Protection Office, E District F, etc., sent out after receiving 112 reports at a place prescribed in paragraph (1) of this Article, by arresting the Defendant at the lower seat of the G patrol group, on the charge of intrusion upon residence, and moving to the E district. On the same day, around 2:55 of the same day, the Defendant tried to take the back head of the E District Protection Office at around 2:5 of the same day, and subsequently, attempted to take the face of the said F, i.e., gambling at one time, and obstructing the police officer’s performance of duties concerning the handling of duties of reporting 112.

Summary of Evidence

1. The defendant's legal statement F, each police's statement report to C, a photographic description of C, and a photographic description of C;

1. Report of investigation (Analysis of CCTV video data for crime prevention - Application of Acts and subordinate statutes to the scene of crime);

1. The phrase “Article 321 of the Criminal Act” as stated in the pertinent Article of the Criminal Act and Article 322 of the Criminal Act regarding criminal facts and the written indictment for the selection of punishment appears to be a clerical error.

Article 319(1)(the attempted charge of intrusion upon residence), Article 136(1)(the charge of obstructing the performance of official duties) of the Criminal Act, and the choice of each imprisonment penalty

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. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act is not good for each of the crimes of this case, and the defendant should be punished strictly in light of the fact that the victims did not agree with each of the crimes.

However, the fact that the defendant does not repeat again while recognizing each of the crimes of this case and reflecting the wrongness is shown to have committed a contingent crime under the influence of alcohol.

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