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(영문) 의정부지방법원 2016.04.14 2016고단308

공무집행방해등

Text

A defendant shall be punished by imprisonment for four 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 December 27, 2015, the Defendant: (a) around 00:45, at the 1st floor parking lot of the Guri-si B commercial building B, who received a report that people enjoy; (b) asked the personal information of the head of the Guung-si affiliated with the C District D; (c) made a threat to the said E, as drinking, while making a bath and breathing the E-throth of the area belonging to the said District; and (d) doing so.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reported cases by police officers.

2. The Defendant damaged public goods for the foregoing reasons at the time, time, and place set forth in paragraph 1, but sold the F patrol car behind the driver’s seat of the F patrol car parked there, to the lower end, and to the lower part of the repair cost of KRW 43,725.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification to a department related to reporting 112 cases;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

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. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment as provided for in the crime of damaging public goods with heavier punishment) of the said Act;

1. The scope of punishment by law: Imprisonment for not less than one month but not more than ten years and not more than six months;

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

(a) Basic crime (Crimes of Damaging Articles for Public Use) / [Scope of Recommendation] Where the value of the articles that have been invalidated and destroyed is insignificant in the mitigation area (one month to eight months) (special mitigation person).

(b) Concurrent crimes (Interference with the Execution of Official Duties) / [Scope of the Punishment ] Where the extent of violence, intimidation, and deceptive schemes is minor in the mitigation area (one month to eight months).

C. The scope of final sentence due to the aggravation of multiple offenses: Imprisonment for not less than one month but not more than one year (=).