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(영문) 창원지방법원 통영지원 2016.04.28 2016고단185

공무집행방해등

Text

A defendant shall be punished by imprisonment for four 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 February 23, 2016, at around 02:03, the Defendant: (a) avoided a disturbance, i.e., in the victim’s D taxi in front of the instant apartment unit, where the Defendant was running on the road in front of the instant car in a dial-type 1, 41-23-line Madern apartment; (b) listens to the horses that have a handphone from the victim, and damages the victim’s property by removing a black box in excess of KRW 200,00,000, the market value of the victim’s possession, which was attached in both hands, was 200,000,000 won.

2. Around 02:05 on the same day, the Defendant: (a) was urged to return home from the police official G, who was the police official belonging to the above FF District, at the FF District Parking Site located in Tong Young-si, Tong Young-si, 02:05 on the same day; (b) took a bath to the above G, and assaulted the two legs of the above G on the one hand, i.e., one time each; and (c) twice the back heart.

Accordingly, the defendant interfered with legitimate execution of duties of police officers for the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, G, and H;

1. A damaged black stuff photograph;

1. Application of Acts and subordinate statutes to a report on investigation (investigation into calculation of the amount of damage);

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 with prison labor for each 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. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. 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 four months), and there is no special sentencing factor;

(b) Crimes No. 2 (Destruction) [Scope of Recommendation] General Criteria (Destruction of Property, etc.] In the mitigation area (one month to six months) (Special Mitigation Persons) (Special Mitigation Persons)

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year and seven months; and

2. The specific reasons for sentencing are as wide as possible.