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(영문) 인천지방법원 2020.04.23 2019고단7417

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for four 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. On September 12, 2019, the Defendant: (a) around 00:30 on September 12, 2019, 200: (b) around the Seo-gu Incheon Seo-gu, Seo-gu, Incheon, the Defendant: (c) set the victim C’s DNA car that was parked there, without any particular reason, a fluor of a size of a fire at one time; and (d) damaged the car to cover the repair cost equivalent to KRW 375,054 in front of the car

2. Special obstruction of performance of official duties: (a) around 00:45 on September 12, 2019, the Defendant: (b) reported the place indicated in paragraph (1); and (c) on September 12, 2012, the Defendant 112 reported that “foreign male f,” and called the slope victim F, belonging to the Incheon Western Police Station E-gu, Incheon Western Police Station, was driving on the part of the victim’s left arms.

Accordingly, the defendant carried dangerous articles and interfered with the police officer's legitimate execution of duties concerning the handling of 112 reported cases.

3. The Defendant damaged public goods at the time and place specified in paragraph 2, and damaged the window frame of the patrol vehicle and the body of the vehicle by putting the 23 patrol vehicle belonging to the Incheon Western Police Station EdistrictF on board the said patrol vehicle, leading to the 23 patrol vehicle belonging to the Incheon Western Police Station, and damaged the said patrol vehicle on one occasion.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. A damaged photograph;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (a written estimate attached to a victim vehicle);

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 144(1) and 136(1) of the Criminal Act that choose the penalty, Article 141(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, the punishment of imprisonment;

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

1. The sentence shall be determined as ordered in consideration of the contents and degree of damage of the crime as indicated in the grounds for sentencing under Article 62(1) of the Criminal Act, the primary offender and the appearance of the defendant being misled, and other conditions of sentencing such as the age, character and conduct of the defendant, and circumstances after the crime.