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(영문) 대전지방법원 논산지원 2013.09.03 2013고단211
특수공무집행방해등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. At around 19:30 on March 23, 2013, the Defendant of the Special obstruction of Performance of Official Duties: (a) at the Defendant’s residence, the Defendant’s wife’s 301-dong 19:30-dong 301, sent the Defendant’s assault against the Defendant’s wife; (b) the Defendant’s slope E, F, and F, who was called the Defendant’s wife, did so; and (c) the Defendant’s mobile phone faces the Defendant’s hump and hume with sound, “this hume, hume, hume, hume, hume, hume, and hume”, and hume the Defendant’s cell phone hume’s face (30cm in length), and hume the Defendant’s mobile phone hume and hume the Defendant’s face.

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties concerning E and F reporting.

2. The Defendant damaged public goods at the time, time, and place set forth in Paragraph 1 as above, caused damage to the utility of the aforementioned mobile phone by setting up one cell phone for the official cell phone taken by F on the floor and damaging the video storage data and some photographic files taken by F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in relation to E and F;

1. Application of statutes on images of field photographs;

1. Articles 144(1) and 136(1) of the Criminal Act (the point of obstructing the performance of an official duty carrying dangerous objects) of the Criminal Act concerning criminal facts (the point of damaging goods for public use).

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Special Duties);

1. Selection of each sentence of imprisonment;

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

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

1. Probation and community service order under the Criminal Act;

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