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(영문) 창원지방법원 통영지원 2016.07.28 2016고단590

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On February 14, 2016, the Defendant damaged property: (a) around 04:20, at the third floor of the 3rd floor of the “comtour” operated by the victim D in Jinsung-gun, Jinnam-gun, without any particular reason, left the victim’s market price, which is equivalent to KRW 100,000,000, in his/her own possession, caused damage to the wall without any specific reason.

Accordingly, the defendant damaged the property owned by the victim.

2. The Defendant interfered with the performance of official duties, as described in paragraph 1, voluntarily accompanying the police officers called up to FJE around 04:50 on the same day, upon receiving 112 reports due to the fact that he was debrising in a telecom, as described in paragraph 1, and demands the Defendant to present his identification card, and “whether or not the Gu’s circumstances belonging to the said sub-committee require the Defendant to present his identification card;

I wish to move to the House.

“ ........... the left side of the above G at one time was click with a bad hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and H;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Sentencing criteria;

(a) A crime No. 1 (Obstruction of Execution of Official Duties) / [Scope of Recommendation] where the degree of assault, intimidation, and deceptive scheme is minor in the mitigated area (one month to eight months). (Interference with Execution of Official Duties) No. 1 (Interference with Execution of Official Duties and Forced Performance of Duties)

(b) Where the mitigated area (one to six months) of the mitigated area (one-month of property damage, etc.) of Class 2 crimes (Destruction of recommended punishment) (limited to a person who has been specially mitigated) is not subject to punishment, or substantial damage is recovered;

(c) The scope of final sentence due to the aggravation of multiple offenses: one month to one month;

2. Specific reasons for sentencing.