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(영문) 의정부지방법원 2018.11.16 2018고단3560

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 7, 2018, the Defendant damaged the victim’s property by gathering a misunderstanding of the market price, which was the victim’s possession on the inseminator, and destroying the victim’s property, from the main point of “D” operated by the victim C (37 Does) in Gui-si B, Gui-si on August 7, 2018.

2. 공무집행 방해 피고인은 제 1 항 기재 일시, 장소에서, 112 신고를 받고 출동한 구리 경찰서 E 지구대 소속 경찰관들이 신고 현장 상황을 확인하며 소란을 피우는 피고인을 제지하자 “ 씹할 놈들 아 나한테 왜 지랄이야, 경찰이면 꺼져 ”라고 욕설을 하며, 위 지구대 소속 경찰관 F의 머리 부위를 주먹으로 2회 때리고, 공무집행 방해 현행범으로 체포된 후 순찰차 안에서 위 경찰관의 얼굴을 발로 1회 찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A C statement;

1. Application of Acts and subordinate statutes to photographs by cutting off on-site photographs, damaged side photographs, and CCTV images recorded on-site;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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

2. Application of the sentencing criteria;

(a) Interference with the execution of official duties (basic crimes) (determination of types), : Crimes interfering with the performance of official duties, interference with the performance of official duties, and Type 1 (Interference with the performance of official duties and coercion of duties) (Scope of recommended punishment), from June to one year and six months (basic area);

(b) Crimes of destruction of property (a concurrent crime) (a type of determination), destruction crimes, general standards, and Type 1 (a type of damage, etc. to property) (the scope of punishment recommended) (the scope of punishment recommended), four months to ten months (the basic area);

(c) Handling of multiple offenses: Imprisonment; and