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(영문) 춘천지방법원 강릉지원 2016.10.26 2016고단1263

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 September 21, 2016, the Defendant: (a) destroyed the property by gathering one of the victim E (the 66-year-old)-old plastic willers in the market price in the front of the DNA set in C at Sam-si, Samcheon-si, without any justifiable reason, on September 21, 2016; and (b) caused the parts of the bridge to be cut off.

2. At around 21:30 on the same day as the above 1.30 day, the Defendant: (a) stated that the police officer G (26 years of age) who was called out after receiving a report of 112, sought personal information; (b) carried his her son and her her son and her her son and her son and her her son and her her her her son and her her her her son and her her her son and her her her her son and her her son and her her son and her son and her her son and her her son and her her son and her her son and her

As above, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement to G and E;

1. A copy of the service log of the F police box, and a list of 112 reported cases, respectively; and

1. Application of the relevant Acts and subordinate statutes to photograph each related photograph, each CCTV image closure;

1. Article 36 of the Criminal Act and the point of causing damage to property that has been decided on the choice of punishment: Article 136 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crime of obstruction of performance of official duties as stated in the heavier punishment);

1. Reasons for the sentencing of Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) of the suspended sentence [the scope of recommendation] / [the scope of the obstruction of performance of official duties / The sentence of recommendation revised according to the criteria for handling multiple crimes (damage, Destruction, etc. of Property) within the basic area (two to one year) of the obstruction of performance of official duties (two months and one year and four months of imprisonment). The sentence of punishment as to the violation of Article 62(1) of the Act on the Suspension of Execution is 6 to one year and seven months (the decision of sentence] of the instant crime.