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(영문) 수원지방법원 2017.08.10 2017고단3239

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On May 13, 2017, the Defendant damaged the property by putting one of the phone calls owned by the victim on his/her hand, on the ground that the victim was not a police due to the drinking value problem at around 20:05, the Defendant damaged the market value by taking one of the phone calls owned by the victim on his/her seat and destroying the property in incidental order.

2. The Defendant interfered with the performance of official duties at the above date, at the above place, and at the same time and place, received a report and sent to F of the police station E District of Suwon-gu Police Station: “I have been working for the police station of Suwon-gu, E District.”

The "I wish to do so" and interfere with the legitimate execution of duties by police officers on handling 112 reports at one time with the face of F at one hand.

Summary of Evidence

1. Application of the police statement C of the defendant's legal statement F to the police statement C by law on the 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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing, taking into account the circumstances favorable to the defendant);

1. The scope of the recommended punishment according to the sentencing guidelines for multiple offenses: the scope of the final sentencing due to the aggravation of multiple offenses for which there are no basic area (the scope of the recommended punishment) (the scope of the punishment for six months to one year and six months) of the basic area (the interference with the performance of official duties) (the act of interfering with the performance of official duties) [the scope of the punishment for six months and one year and six months] of the basic area (the scope of the recommended punishment] of the first type (the act of damage, etc. to four months to ten months), and the basic area (the act of damage, etc.) of the first type (the act of special sentencing) of the first type (the act of damage, etc.): the scope of the compared punishment for six months to one year: June to November 1: 6 months to November 1;

2. Circumstances that are disadvantageous to the defendant: The nature of the crime is not that of the principal violent crime. There are only one history of being sentenced to a fine for a crime that causes drinking and a violent crime, and the record of being sentenced to a family protective disposition for a violent crime in 2016. The favorable to the defendant is that there is a history of being sentenced to a family protective disposition for a violent crime in 2016.