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(영문) 서울동부지방법원 2014.07.17 2014고단1355

공무집행방해등

Text

A defendant shall be punished by imprisonment for 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. At around 23:07 on April 18, 2014, the Defendant: (a) heard the Defendant’s voice that “satisfing the disturbance” was 112, and that “satisfing the disturbance” was sent to the site after having received 112 report; (b) he heard the Defendant’s voice that “I am back only from the slope E, a police officer belonging to the D Zone D Zone of the Seoul Gangseo Police Station, which was called to the site, “I am, I am for whom I am. I am. I am. I am. I am. I am. I am. I am. I am the part of the above E’s satf and am. I am. I am. I am the back part of the F’s satf’s sat at the hand, and am. I

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.

2. The Defendant damaged the property at the time and place indicated in the above paragraph 1, and on the above grounds, the victim G, who was parked in the said building parking lot, was walking the even door of HK9 car owned by the victim G for the foregoing reasons, and 652,978 won of the repair cost was set off to the point of time.

Accordingly, the defendant damaged the victim's property and damaged its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A written statement of the G production;

1. Investigation report (to hear statements in the I).

1. Application of Acts and subordinate statutes to vehicle photographs and estimates;

1. Articles 136 (1) and 366 of the Criminal Act applicable to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. 사회봉사명령 형법 제62조의2 양형의 이유 o 법률상 처단형의 범위 : 징역 7년 6월 이하 o 양형기준상 권고형의 범위 : 징역 6월 ∽ 1년 4월 o 선고형의 결정 폭력 관련 범죄로 수회 벌금형의 처벌을 받은 전력이 있는 점 등에 비추어 징역형을 선택하되, 이 사건 범행의 내용 및 그 결과와, 공무집행방해 전과가 없는 점, 피고인이 진지하게 반성하고 있는 점 등 제반 정상을 참작하여 그 집행을 유예하고 아울러...