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(영문) 서울동부지방법원 2017.03.31 2017고단227

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. On January 12, 2017, the Defendant damaged the said car in front of Songpa-gu Seoul Metropolitan Government D on the street so that the victim E, an insurance company employee of the Defendant, who was driving a motor vehicle while driving a motor vehicle while driving the motor vehicle and driving the motor vehicle at the site and dealing with the accident after driving the motor vehicle, the victim E, who was an insurance company, was in charge of driving the motor vehicle and driving the motor vehicle at the site. As a result, the said car was damaged so that the amount of KRW 1,103,53 of the repair cost after the left side of the said motor vehicle.

2. The Defendant interfered with the performance of official duties at the above temporary location, and the police officer H affiliated with the Seoul Song-gu Police Station G District, which was called upon with the report of 112, made twice the face of the above police officer twice by asking the Defendant on the grounds of damage to the said vehicle, by hand, and assaulting the above police officer twice on the face, thereby obstructing the police officer’s criminal prevention and investigation, public peace and order maintenance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and E;

1. A written statement of I;

1. Victims Babbbbox CDs;

1. Application of Acts and subordinate statutes to a investigation report (a letter of estimate for repairing damaged vehicles);

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Selection of each sentence of imprisonment;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier public duties);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence:

1. Scope of the recommended sentences according to the sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) The range of final sentence due to the aggravation of multiple crimes in the case of Class 2 (Destruction) (Destruction of Property, etc.) (1-6 months) in the mitigated area (1-6 months) (including serious efforts to recover damage), or where a significant damage has been restored, the scope of final sentence due to the aggravation of multiple crimes: 6 months to 1 year; 6 months;

2. Sentence;