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(영문) 대전지방법원 서산지원 2018.11.15 2018고단859

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 29, 2018, the Defendant interfered with the performance of official duties: (a) within the C week located in Seosan City B on July 29, 2018; (b) 112 reported to the police officer E ( South, 30 years old) who was called up after receiving a report to the effect that “I wishing to other persons and raising trial expenses”; and (c) “Is the police officer and the person who will do so.”

In other words, E face was taken one time by drinking while taking a bath.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers related to the handling of 112 reported cases.

2. On July 29, 2018, the Defendant damaged public goods by gathering approximately KRW 13,000 of the market price of the waste transit of KRW 10,00,00, which is a public goods used at the same place under the influence of alcohol while being arrested in an act in the act of committing a crime for the same reason as described in paragraph (1), within the detention room of the Seosan Police Station located in Seosan Police Station located in 327 in Seosan-si, Seosan-si around 04:05, and thereby impairing the utility of public goods equivalent to KRW 13,00,00 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement prepared by the F and G;

1. Reports on internal investigation (related to the time of taking over a suspect's disease);

1. Investigation report (investigation into CCTV images of a detention room), CCTV and photograph;

1. Investigation report (related to the amount of market price of damaged public goods);

1. Investigation reports ( CCTV images for crime prevention at the site) and CCTV for crime prevention;

1. 112 Reports processing slips and work places;

1. Videos at the time of the number of new wards;

1. Application of Acts and subordinate statutes to photographs damaged by related photographs and public objects;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

(a) Interference with the performance of official duties [Scope of a recommended punishment] The basic area (from June to one year and six months) of the type 1 (Interference with the performance of official duties and coercion of duties) shall not be a person who has no special sentencing factors.

(b) Loss of public goods [the scope of recommendations].