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(영문) 광주지방법원 목포지원 2014.08.21 2014고단972

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, 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. At around 23:10 on April 28, 2014, the Defendant committed an assault, such as “C” at the main point of Mapo-si B, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo

Accordingly, the defendant assaulted the victim, who is a police officer, and obstructed the police officer's legitimate execution of duties concerning crime prevention and maintenance of order.

2. On April 28, 2014, at around 23:20 on April 28, 2014, the Defendant damaged a police officer’s use of a public object by assaulting the police officer at the place specified in paragraph (1), and arrested the Defendant as a flagrant offender, and thereby, damaged the police officer’s patrol vehicle by walking the back seat of the F Patrol, a public object parked at the place, so that the repair cost would amount to KRW 134,200.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. Application of the case-related photograph and written estimate for maintenance of motor vehicle inspection;

1. Relevant Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment for the crime (the point of damaging goods for public use and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Crimes of obstruction of performance of official duties;

(a) Determination of types of crimes: Type 1 of obstruction of performance of official duties;

(b) Determination of the scope of sentence: Basic area, six months to one year and four months (no special person: no person);

2. Crimes of damaging public goods;

(a) Determination of types of crimes: Type 1 of invalidation and destruction of official objects, which are crimes of obstruction of performance of official duties;