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(영문) 의정부지방법원 2016.07.26 2015고단3806
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 6, 2015, when the Defendant was dissatisfied with CCTV installed for crime prevention in front of his/her house, he/she called at the office of the Defendant who was in operation No. 103 on August 6, 2015 and called at the office of Pyeongtaek-gun B building in Gyeonggi-do and the office of the Defendant who was in operation No. 103, and set up CCTV in front of his/her house for about one hour.

“Along with sound, 04:30 on the same day continuously, i.e., in the office of the watch keeping service in the office of Pyeongtaek-gu Office located in 181 at the same time as Pyeongtaek-gu, Bupyeong-gu, Amyeong-gu, Ampoon-ro 181.

Before carrying out the direct duties, he/she shall give a bath to C who has been engaged in the direct duties and shall die by affixing a stone.

“ ............ ........... for about one hour.”

Accordingly, the Defendant interfered with the legitimate execution of duties by a public official in the office of Bupyeong-gu.

2. Around 05:30 of the foregoing day, the Defendant: (a) was arrested by the police officers on duty at the office of Pyeongtaek-si Office as a current criminal of interference with the performance of official duties; and (b) caused them to board the patrol vehicle, thereby damaging the back door of the patrol vehicle by walking the patrol vehicle at several times on the left side of the patrol vehicle; and (c) damaged the said patrol vehicle to have an amount equivalent to KRW 916,00,000.

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

Summary of Evidence

1. A prosecutorial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D, E, or C;

1. A written estimate for an investigation report;

1. Application of Acts and subordinate statutes to a report on investigation (deposit sheet and certificate of confirmation);

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment as provided for in the crime of damaging public goods with heavier punishment) of the said Act;

1. The scope of punishment by law: Imprisonment for not less than one month but not more than ten years and not more than six months;

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

(a) Basic crime: Damage to public goods (the scope of the recommended punishment);

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