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(영문) 창원지방법원 진주지원 2019.07.12 2018고단1631

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 became final and conclusive.

Reasons

Punishment of the crime

1. On November 22, 2018, the Defendant: (a) caused property damage to “C” parking lot located in Jinju-si B at Jin-si around 03:30 on November 22, 2018; and (b) caused the damage of the said car to be 381,778 won at repair cost, which is the victim D, who was parked in a dispute with women’s friendship while being drunk.

2. At the above date, place, and place of the obstruction of performance of official duties, the Defendant: (a) received a report from the Defendant 112 to the effect that he would know of why women’s friendship would be distorted; (b) in the presence of G, etc. to the police box belonging to the Jinju Police Station, who called out after having received the Defendant’s 112 report; (c) G took a bath to the Defendant’s fluor G, and assaulted the Defendant’s chest face at one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. The application of Acts and subordinate statutes, such as photographs, etc., investigation reports (Attachment of photographs of damaged vehicles), and investigation reports (Attachment of written estimates for repair);

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

(a) First Crimes (Obstruction of Performance of Official Duties) : Basic area of the obstruction of performance of official duties (Type 1), six months to one year and six months;

(b) Crimes 2 (Destruction and Damage of Property) (Type 1) general standards, such as damage and damage of property, and one month to six months of imprisonment;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to one year;

2. Recognizing the offense subject to the determination of sentence and making a mutual agreement between the victim D and the original victim, in consideration of the power of punishment, details of the offense, degree of damage, etc.