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(영문) 수원지방법원 안산지원 2015.11.04 2015고단2100
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 July 8, 2015, the Defendant shows that he/she had a view to the obstruction of performance of official duties, around 20:50.

B. Around the front her husband C, he/she reported 112 that there is a parking problem with his/her husband C, and was dispatched to this place, he/she walked to walk the above E-mail bridge with the light of the police box affiliated with the police box of the Sinung Police Station, in order to get the light of his/her husband E and the police officer F to take the booms of the above E-W bridge, and he/she tried to walk up 15 times on his/her own with his/her own walk.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

2. The Defendant damaged public goods at the time and place specified in paragraph (1) and for the reasons specified in paragraph (1) of this Article, the Defendant destroyed the repair cost of KRW 31,460 by planting the boomer, which was installed on the side of the driver’s seat of the Silung Police Station affiliated with the Silung Police Station (vehicle Number G) where the said police officer was on board, and destroying it.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A copy of the working log;

1. Notification of a department related to reporting 112 cases;

1. Damage photographs and vehicle damage photographs;

1. Application of the written estimate statutes;

1. Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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. The scope of recommendation range of crimes No. 1 (Destruction of Public Articles) and the basic area of crimes No. 1 (Invalidity of Public Articles) (No. 6 months to 1 year and 6 months) (no person specially punished), and the basic area of crimes No. 2 (Obstruction of Performance of Official Duties) (No. 6 months to 1 year and 4 months) (no person specially punished) (no person specially punished) are aggravated.

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