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(영문) 대전지방법원 공주지원 2014.05.13 2014고단26

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:30 on January 7, 2014, the Defendant: (a) destroyed a part of the victim’s property by setting fire by attaching hairs attached to the mother part of the victim’s kacket and then destroying the victim’s property in an amount equivalent to KRW 60,000 in the market price.

2. The Defendant: (a) took a bath to the official police station affiliated with the official police station, which performs on-site investigation after receiving a report of 112 at the same time and place as paragraph (1) of this Article; and (b) assaulted the police officer’s legitimate performance of duties concerning police officer’s public security duties by assaulting the police officer, such as “this sprinke, this sprinke, sprinke, and sprinke,” with the face of this spice sphere, walking the sphere with his/her mouth, walking the sphere with his/her mouth, and sphering the sp

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes, such as a statement of dispatch, a photograph of damage, and a explanatory note (a statement of damage, etc., background of damage, etc., and a photograph of damage D

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the crime of obstruction of performance of official duties against bad slopeD with the punishment heavier than the punishment);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, and Articles 59 and 62 of the Act on Probation, etc.;

1. Application of the standard of sentencing [Scope of Recommendation] The basic area (two months to one year and four months) of the obstruction of performance of official duties (two months and one year and four months of imprisonment): The range of comparative sentencing with the crime of causing property damage, which is not a crime subject to the application of the standard of sentencing for at least six months, is one concurrent crime. Thus, according to the standard of sentencing for multiple crimes, only the lower limit of the recommended punishment for the crime subject to the standard of sentencing is limited.