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(영문) 대구지방법원 상주지원 2020.07.22 2020고단17
특수공무집행방해등
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 November 25, 2019, the Defendant of special obstruction of performance of official duties filed a civil petition with the head of the B apartment management office at around 19:45, on the ground that he did not take any measures against the wall of the apartment house of the suspect, but did not take any measures, such as gold, at the wall of the apartment house of the suspect’s residence, the Defendant: (a) resisted the person in charge of the facilities of the said apartment management office on the ground that he did not take any measures; (b) resisted the Defendant’s disturbance, the head of the Gu police station, the Cdistrict D, and the police officer called for 112 reported and called the Defendant’s disturbance at the convenience store in the vicinity of the Defendant; (c) purchased the fat of the fat of the fat; (d) released the fat of the fat, which is a dangerous object, to the stairs rail; and (d) threatened the police officers with the fatch of the f

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties by police officers concerning handling 112 reports.

2. At the time set forth in Paragraph 1, the Defendant: (a) invadedd the above management office where the victim F was on duty by threatening the police officer to restrain himself; and (b) invadedd the victim F on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, D, and E;

1. A written statement of G and F;

1. Application of the Acts and subordinate statutes to photographs of site, studs of a shoulder, and caps;

1. Articles 144(1), 136(1) (special obstruction of performance of official duties), and 320 and 319(1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The act of threatening a police officer to a shoulder main ward, which is a dangerous object for the reason of sentencing under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing below) of the suspended sentence, is highly dangerous.

This crime of obstruction of performance of official duties is to disarm the exercise of legitimate public power.

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