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(영문) 인천지방법원 2016.10.06 2016고단5429

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 5, 2016, the Defendant: (a) destroyed and damaged property by an influence of the victim F (the age of 38) who was parked in the front of the “Eju shop located in Seo-gu Incheon, Seo-gu, Incheon, on the road; and (b) destroyed and damaged a lighting fixture that is equivalent to KRW 78,000, the market price of the victim’s possession on the back seat of the said vehicle and KRW 250,000, the market price of which is KRW 250,000, when the victim was loaded on the back seat of the said vehicle.

2. The Defendant interfered with the performance of official duties, on the hand floor, assaulted the above I’s left face at one time, and interfered with the police officer’s legitimate performance of official duties in relation to the on-site traveling duties, on the ground that he was asked by the police officer of the Incheon Western Police Station H District Unit, who was dispatched upon receipt of a report at the above date and at the above time and at the place.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and F;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Application of the sentencing criteria;

(a) Type 1 of the Obstruction of Performance of Official Duties (Scope of Recommendation) (Scope of the Obstruction of Performance of Official Duties) and the basic area (from 6 months to 1 year and 4 months) (no person who has been specially punished);

(b) The scope of the final sentence due to the aggravation of the punishment of multiple penal offenders who are not subject to the mitigation area (i.e., one month to six months) (special mitigation), the mitigated area (i.e., damage to property): six months to one year and seven months; and

2. The defendant's act of using violence against the police officer called out after receiving a report after destroying another's property; and