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(영문) 대구지방법원 상주지원 2018.04.17 2018고단56
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On September 20, 2016, the Defendant was sentenced to eight months of imprisonment for a crime of damage to special property in the residents support of the Daegu District Court, and completed the execution of the sentence in the Daegu Prison on March 24, 2017.

[Criminal facts]

1. On February 16, 2018, around 16:47, the Defendant interfered with the performance of special official duties: (a) took one victim E (36 cm) who is a public official belonging to the said administrative welfare center, who is a public official belonging to the said administrative welfare center, and entered into the said administrative welfare center at the D administrative welfare center located in Seodaemun-si around 16:47, with a sound, and entered the entrance into the said administrative welfare center; (b) thrown away one door (20cm in width, 16cm in length, 9cm in thickness).

If you, you will throw away from the Malihhh-hump of the Malih-hum

“The victim was threatened,” and the victim was threatened.

As a result, the defendant interfered with the legitimate execution of duties concerning the work of victims and the protection of office buildings.

2. The Defendant damaged public goods at the time, time, and at the place specified in paragraph 1, destroyed the entrance glass by setting up two bricks, and continuously harming the entrance, and destroyed 4 office monitors, multiple civil petitionr, coffee machine, and 2 document box in the above administrative welfare center office.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police for E;

1. Each investigation report (No. 7 through 11, 13, No. 713);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as each investigation report (number 5, 16 No. 5, 16), references to inquiries, such as criminal history, personal acceptance status, and sentence of judgment;

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) (a) of the Criminal Act concerning facts constituting an offense, and Articles 144(1) and 136(1) (the point of obstructing the performance of special official duties, choice of imprisonment) of the Criminal Act, and Article 141(1) of the Criminal Act (the point of damaging public goods,

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The sentencing criteria shall be based on;

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