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(영문) 인천지방법원 2017.06.23 2017고단3064

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 1, 2017, at around 22:09, the Defendant destroyed the part of the e.M. 5 car, which was parked in the front of the “C” convenience store located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, to have a repair cost equivalent to KRW 515,741, supra, by walking the part of the e.M. 5 car, which was parked in the front of the “C” convenience store, without any justifiable reason.

Accordingly, the defendant damaged the victim's property.

2. On April 1, 2017, the Defendant interfered with the performance of official duties, and around around 22:40, on the road front of the above “C” convenience store, “ Women’s wife (Defendant’s wife)” was used on the road.

“Gman of the Incheon Bupyeong Police Station F District, who received a report from 112, tried to move the Defendant’s wife under the influence of alcohol to a safe place on the Han-do lap on the road, and assaulted the said G by having the Defendant’s part of the said G with a bad hand, while intending to move the Defendant’s wife under the influence of alcohol on the Han-do lap.

As a result, the defendant interfered with the legitimate performance of public duties concerning the protection of the lives and bodies of the people, such as the protection of the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Each investigation report (verification of weather-related images, estimates, and submission of written agreements);

1. Application of the Acts and subordinate statutes to photographs of damage (victim G), photographs of destruction of vehicles, on-site weather conditions, and photographs by capturing them;

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

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier public duties);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Category 1 (Special Sentencing) of the General Criteria for Damage to Property (Determinations of Type) - Reduction element: Non-existence of the Punishment (Special Sentencing Persons): Efforts to recover damage.