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(영문) 대전지방법원 2016.07.06 2016고단1016

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 17, 2016, the Defendant damaged the property in front of Seo-gu Daejeon, Daejeon, on the following occasions: (a) the Defendant: (b) while being aware of the dispute with the victim C, while he/she had a horse dispute with the victim C, he/she destroyed the market price by causing defects on hand and on the part of the body of the vehicle.

2. On March 17, 2016, the Defendant: (a) arrested a flagrant offender on the grounds of paragraph (1) on the grounds of the same ground as that of paragraph (1) on March 17, 2016; and (b) obstructed legitimate execution of duties regarding the arrest of a flagrant offender in the said F, by assaulting F police officers belonging to the said E Zone, who want to get the Defendant, on the front parking lot of the Daejeon District of the Daejeon Police Station, Seo-gu, Daejeon; and (c) assaulting F to the police officers belonging to the said E Zone, such as putting him/her a drinking,

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of C, G, and H;

1. Application of Acts and subordinate statutes to photographs damaged by ozone layers;

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

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;

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) is the basic area (from June to one year and four months) (no person who is subject to special sentencing).

(b) Where actual damage (a person subject to special mitigation) is insignificant in the mitigation area (one month to six months) of Class 1 (property damage, etc.) on general standards.

(c) The scope of final sentence imposed on multiple offenders: Imprisonment with prison labor for not less than six months from one year to seven months; and

2. The fact that the nature of the offense of sentencing is inferior, and that the victimized police officer wishes to punish the defendant is disadvantageous.

However, the fact that the defendant recognizes his mistake and is against the truth, the fact that the defendant has to look after, and there is no history of criminal punishment.