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(영문) 광주지방법원 2021.02.17 2020고단5583
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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 October 11, 2020, the Defendant attempted to damage property: (a) 22:00 on the part of the injured party C’s “D” 5 room operated by the injured party C, and (b) frighting and drinking together; and (c) frighting and drinking together; (d) under the influence of alcohol, the injured party’s market value, which was owned by the injured party, was under the influence of alcohol, was under the control of the accounting unit.

In addition to TV, it was not damaged by the above depositors, etc., but attempted.

2. On October 11, 2020, the Defendant obstructed the performance of official duties: (a) was trying to drive a vehicle of one ton of the victims as set forth in paragraph (1) while driving a vehicle in front of the F cafeteria located in B/L on the front of the F cafeteria located in B/L; and (b) was dispatched after receiving a report from the victim as set forth in paragraph (1) 1 by the guard I belonging to the State Police Station HH District; and (c) was prevented by the Defendant; (d) “I was erroneous in what f/L f/C f/C f/C f/C f/C;

n n n n n n n n n n n n;

The head of the Gu may die in the same match with the driver, and the head of the Si/Gun/Gu has continuously avoided the 1st hand of his/her hand and continuously avoided the 1st hand of his/her hand.

I assaults the right-hand end of the I as one step.

Accordingly, the defendant interfered with legitimate execution of duties concerning police officers' prevention and control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and I;

1. Application of statutes on site and victim photographs;

1. Relevant legal provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, choice of imprisonment), Articles 371 and 366 of the Criminal Act (the fact of attempted property damage and the choice of imprisonment) concerning criminal facts;

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. In order to observe the protection and observation and to establish the legal order of the country with reason for sentencing under Article 62-2 of the Criminal Act and eradicate the light of public authority, there is a need to strictly punish crimes, such as interference with the performance of official duties, and the defendant has been punished on several occasions by obstructing the performance of official duties.

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