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(영문) 수원지방법원 평택지원 2017.03.22 2016고단2161
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 September 16, 2016, the Defendant damaged property: (a) waited for the signal on the front side of Pyeongtaek-si B on September 16, 2016; (b) the victim C-owned Dcoland, which was under the stop, set off a registration number plate attached at several times to repair the front part of the car.

Accordingly, the defendant damaged the victim's property.

2. Defendant 2, at around 21:00 on September 16, 2016, at the front of 506 Dong-ro, Young apartment 506, which was located in Pyeongtaek-ro 92, Pyeongtaek-si, Dong-ro, Dong-ro, Dong-ro, “A vehicle is destroyed or damaged and the escape of the vehicle is going to take place” was asked to ask the police officer assigned to the Dong-gu Police Station E police box, who called “I am to take place the vehicle from the vehicle.” On one hand, I am at one time the face of the above F.

Accordingly, the defendant assaulted a police officer who was performing legitimate duties concerning the handling of 112 reports, thereby hindering the performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of each statute on photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and four months), and there is no special sentencing factor;

(b) Class 2 Crimes (Destruction) [Scope of the recommended punishment] general standards and the basic area (from April to October) (no special sentencing person exists).

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year and nine months; and

2. Circumstances disadvantageous to the decision of sentence: The purpose is to damage and investigate the property of another person without any particular reason; and

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