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(영문) 대전지방법원 천안지원 2017.11.16 2017고단1826
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 24, 2017, the Defendant: (a) around 08:00, at the victim C’s singing room located in Asan City D’s operation, followed the Defendant’s speech that his/her employee E / her employees would win up, and then, (b) he/she / she was damaged the victim’s co-owned share amounting to KRW 3.50,000,000,000,000,000,000 in the market value of the credit card body size and KRW 2,00,000,000 in the floor.

Accordingly, the defendant damaged the victim's property.

2. On July 24, 2017, at around 08:20 on July 24, 2017, the Defendant: (a) destroyed coiners, etc., as described in paragraph (1), and assaulted employees E while avoiding disturbance; (b) discovered slope G, patrolman, and patrolman I belonging to the 112 police box of the Asan National Police Station dispatched upon receipt of the 112 report; (c) laid off G’s chest by hand without any reason; (d) was pushed down with G, H, and I’s body.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported duties by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (G, C);

1. Each statement (E, J, I, and H);

1. On-site and arrest circumstances;

1. Application of the written estimate statutes;

1. Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment with 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. Crimes 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation), the scope of sentencing recommended by sentencing guidelines for the reasons of sentencing under Article 62-2 of the Criminal Code of the Social Service Order, shall be limited to the scope of sentencing [Article 62-2] (In the case of multiple public officials suffering damage, one year to 4 years), the aggravation area (Obstruction of Performance of Official Duties) (Article 1 to 4 years) [Article 2 (Destruction) in the case of multiple public officials suffering damage, the scope of punishment recommendation] in the mitigated area (Article 1 to 6 months) [Article 1] in the mitigated area (Article 62-2] (Article 1 to 6 months).

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