공무집행방해등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
【Criminal Power】 On July 18, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Chuncheon District Court on January 2, 2014.
【Criminal Facts】
1. On July 12, 2014, at around 02:00, the Defendant damaged the property by leaving the victim in front of the E main point operated by the victim D in Chuncheon City, that the victim would have been enjoying in his/her place of business, thereby hindering the Defendant’s business, and thereby damaging its utility by leaving one of the parts in the market value, which is the victim’s possession in front of the said main point.
2. 공무집행방해 피고인은 제1항 기재 일시, 장소에서 신고를 받고 현장에 출동한 정복착용 경찰 F(36세, 춘천경찰서 G지구대 소속 경사)이 피고인에게 무슨 일이 있었는지 물어보자 별다른 이유 없이 오른쪽 손바닥으로 위 F의 왼쪽 뺨을 1회 때리고, 함께 출동한 정복착용 경찰 H(46세, 춘천경찰서 G지구대 소속 경위)의 양측 정강이를 3회 발로 걷어찼다.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of peace and order and the control of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to F and H;
1. Fire extinguishings or photographs within the E main points of the D's written statement;
1. Photographs photographs of the damaged part of the H;
1. Photographs photographs of the damaged part of the police officer;
1. Previous records: Application of the Acts and subordinate statutes concerning inquiry reports, such as criminal records, and personal identification and confinement status;
1. Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. Selection of each sentence of imprisonment with prison labor as provided for in Articles 40 and 50 (Mutual Crimes of Obstruction of Performance of Official Duties) of the Criminal Act of the ordinary concurrent crimes;
1. Article 35 of the Criminal Act among repeated crimes;
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;
1. The sentencing criteria shall apply to concurrent crimes, as there are regular concurrent crimes on the grounds of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes.