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(영문) 수원지방법원 2016.11.17 2016고단4720

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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 August 8, 2016, the Defendant: (a) destroyed the said vehicle by breaking the part of the driver’s seat of the D D D D D D D Dda-type Ba-type car owned by the victim C, which was under the influence of alcohol in front of the Suwon-si, Suwon-si, Suwon-si, and then parked once a week; and (b) destroyed the said vehicle to repair costs.

2. The Defendant: (a) received the date and time stipulated in paragraph (1) and place of the performance of official duties and received 112 reports; and (b) received a voluntary request from the head F of the police station belonging to the Suwon Police Station E District Unit, for an investigation for criminal facts, such as paragraph (1); and (c) voluntarily operated in the E district located in Suwon-gu, Suwon Police Station E at around 01:50 on

피고인은 같은 날 02:00경 위 E지구대 현관 앞에서 술에 취하여 “내가 뭘 잘못했냐.”라고 소리를 지르며 그곳에 주차되어 있는 H 순찰차 보닛 부분을 주먹으로 3회 내리치고, 이에 위 E지구대 소속 순경 I이 피고인을 제지하면서 위 지구대 앞 화단에 앉게 하였으나, 위 I에게 욕설을 하면서 왼손으로 위 I의 목 부위를 밀치는 등 폭행하였다.

Accordingly, the defendant interfered with the maintenance of police officers' order and legitimate execution of their duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Application of the respective Acts and subordinate statutes of the C Preparation;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;

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;

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

1. Application of the sentencing criteria;

(a) Type 1 of the Obstruction of Performance of Official Duties (Scope of Recommendation) (Obstruction of Performance of Official Duties) (Scope of Recommendation), the basic area (6 months to 1 year and 4 months) (no special person)

(b) Type 1 (Destruction and Damage, etc.) of Group 2 (Recommendation Scope).