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(영문) 광주지방법원해남지원 2020.09.10 2020고단198

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. A summary operated by the Defendant on April 12, 2020 by the Victim C in Full-nam-gun, Seoul, around 18:10

In the room 4 room, in the course of drinking and drinking alcohol, the driver's fee becomes the problem of the Domine preserving preserving Domine, and the table 1 of the victim's table was pusheded, and 7 beer's disease and 7 beer's disease, 2 beer's disease, and 5 glass cups on the table.

Accordingly, the defendant damaged the market price of the victim's property.

2. Around April 12, 2020 18:10 on April 12, 2020, the Defendant

In the room, “fighting has gone through fighting” was required to return home after paying the drinking value from the police officer F of the police box belonging to the Dondo Police Station, who was dispatched after receiving 112 report, and from G, the police officer of the Dondo Police Station: (a) the police officer “I am argue? I am argue? I am argue? I am argue? I am son? I am argue? I am am argue? I am son’s son who was arrested in a flagrant offender, and assaulted the police officer by walking once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of statutes on site photographs;

1. Relevant Article 136(1) of the Criminal Act and Article 366 of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying and damaging property and the choice of imprisonment);

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. Second crime (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property (special person).