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(영문) 춘천지방법원 원주지원 2017.10.18 2017고단756

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment 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 July 12, 2017, at around 02:20, the Defendant damaged property, on the front side of the “C convenience store” located in the “C convenience store located in Haju-si B” on July 12, 2017, without any justifiable reason, left the back door so that the repair cost of approximately KRW 9.50,000 is reached.

Accordingly, the defendant damaged the victim's property.

2. The Defendant interfered with the performance of official duties, upon receiving a report from 112 to the effect that “any person who causes disturbance to drinking alcohol and damages drinking water,” the Defendant: (a) prevented the Defendant from committing a crime as set forth in the above paragraph 1; (b) Dog of the Kuju Police Station F District of the Hanju Police Station, who was called out upon receiving a report, while taking a bath, engaged in a breath and spathing fat of the above G.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the prevention and investigation of police officers' crimes and the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Application of the Acts and subordinate statutes to arrest and report the occurrence of a case and photographs thereof;

1. Articles 136 (1) and 266 of the Criminal Act (the point of obstructing the performance of official duties) concerning the facts constituting an offense and the choice of imprisonment, respectively;

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 stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

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

1. The sentencing guidelines set forth in Category 1 (Obstruction of Execution of Official Duties) [Scope of Recommendation] The scope of final sentencing according to the reduction area (including efforts made by a special mitigated person) of Category 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties) [In January to August] of Class 1] of the mitigation area (including damage of property, etc.] of the mitigated area (including January to June), the scope of the recommended punishment] of the mitigation area (including efforts made by a special mitigated person) of the mitigation area (including damage of property, etc.) of the mitigation area) of the mitigation area of Class 2 in cases where the degree of violence, intimidation, deceptive scheme, or obstruction of performance of official duties is insignificant: January to November:

2. The sentence is rendered in the following circumstances and the age of the defendant;