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(영문) 전주지방법원 2020.11.25 2019고단1433
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 9, 2019, the Defendant: (a) was under investigation with respect to the assault case with D at the Jeonjin-gu Police Station C District District District of Jeonjin-gu, Jeonjin-gu; (b) on August 9, 2019, the Defendant took a bath to the said D; (c) was under investigation with D; and (d) was informed by E in the circumstances in which the said C District District was affiliated with E, “I am hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hy

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to global guard service.

2. When the Defendant was arrested as a flagrant offender under suspicion of obstruction of the performance of official duties as above, and was detained into a metropolitan detention room of the 299 Jeonjin-gu Police Station, Jeonjin-gu, Jeonjin-gu, Seoul on August 9, 2019. On the same day, around 06:05, the Defendant destroyed the above change to the extent that the repair cost would be KRW 600,000, when she was arrested as a flagrant offender under suspicion of obstruction of the performance of official duties, and was detained into a metropolitan detention room of the 299 Jeonjin-jin Police Station.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes to damaged parts photographs, ctv photographs, motion pictures cd, modified water-resistant photographs, and written estimates;

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

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 (the following grounds for sentencing)

1. The reasoning for sentencing under Article 62-2 of the Social Service Order Act is as follows, and other records of this case, including Defendant’s age, character and conduct, environment, occupation, family relationship, motive and consequence of the crime, and circumstances after the crime.

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