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(영문) 전주지방법원 군산지원 2019.09.20 2019고단798
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

(e).

Reasons

Punishment of the crime

1. On May 2, 2019, the Defendant under special violence and property damage claims against the victim D (n, 26 years of age), the same E (n, 42 years of age) with respect to those of which computer equipment purchased by the Defendant was not delivered at the C office located in Yasan-si B around 15:25, 2019, and against those of which computer equipment purchased by the Defendant was not delivered.

그 곳 안내데스크 위에 놓여 있던 위험한 물건인 프린트 카트리지를 D의 얼굴을 향해 집어던졌으나, D이 피함으로써 위 프린트 카트리지가 그 곳 석고보드 벽면이 움푹 파일 정도로 부딪치게 하였다.

Accordingly, the defendant, carrying dangerous objects, assaults the victim D, and damaged the victim E's market price of 80,000 won.

2. On May 2, 2019, the Defendant: (a) at the foregoing office around 15:30 on May 22, 2019, the Defendant: (b) received 112 report that “a person under the influence of alcohol is under the influence of alcohol”; and (c) received notification from the police officer G belonging to the Yasan Police Station G of the F District of the Yasan Police Station who was dispatched to the said office about the procedures for voluntary happiness, and assaulted the said G on one occasion with his left hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the on-site mobilization and control of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Written statements of D and E;

1. Application of six-way Acts and subordinate statutes to photographs;

1. Relevant Article 136(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act, Article 366 of the Criminal Act, Article 36 of the Criminal Act, the choice of punishment for the crime

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is the first offender, the victim of special violence and damage to property, the fact that the defendant committed the crime of this case contingently during commission is a favorable sentencing factor, and the defendant's act of assaulting the police officer on duty while wearing his uniform is in need of strict punishment that impedes the legitimate exercise of public authority.

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