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(영문) 수원지방법원 안산지원 2016.01.14 2015고단3558
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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 October 18, 2015, the Defendant attempted to damage public goods, at around 06:25, 34, main apartment 305, on the front side of the Gambling-si, Gambling-si, Gambling-si, Gambling-si, Gambling-ro, 305, and hereinafter

12 reported 112, "Arresh the D team patrol with two persons, such as G, etc. in the position B of the Gwangjin-gu Police Station B, who was dispatched, was found. Arresh the front of the patrol vehicle and the front part of the patrol vehicle, which was attempted to break up twice, but did not bring about an attempted crime.

Accordingly, the Defendant attempted to damage goods used by public offices, but attempted to commit such an act.

2. The Defendant interfered with the performance of official duties, at the time and place described in paragraph 2, and “taxisers” assaulted customers.

'Around the 112 report of the content of ‘A', it was assaulted twice to the face of the above C in drinking to C in the process of belonging to the Gwangjin-gu Police Station B, who was dispatched.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of police officers' duties concerning 112 reporting processing and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. Application of the investigation report (the degree of damage to patrols) and the Acts and subordinate statutes concerning patrols, photographing and photographing photographs;

1. Relevant legal provisions concerning criminal facts, Articles 143 and 141(1) of the Criminal Act (the attempted crime of damaging goods for public use) concerning the selection of punishment, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor;

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 Social Service Order Criminal Act / [the scope of recommended punishment] There is no basic area (six months to one year and four months) (the person subject to special sentencing) [the handling of multiple crimes] / The crime of aiding and abetting fraud in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act is not subject to sentencing guidelines, and the lower limit of the recommended punishment is not subject to the sentencing guidelines.

[Judgment of sentence] The crime of this case is committed.

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