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(영문) 춘천지방법원 원주지원 2014.12.24 2014고단691
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On July 13, 2014, the Defendant: (a) destroyed an apartment parking lot of Dongsch Rexroth 50, 534 Dok-ro, Namwon-si, Seoul, Seoul, on July 13, 2014, where the market price owned by the victim B cannot be known, the Defendant: (b) destroyed two lines in front of the left side of the Crewing car by hand; and (c) destroyed it.

2. On July 13, 2014, at the 04:48 apartment parking lot, the Defendant: (a) expressed a bath to “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. B written statements;

1. Application of statutes on photographs of damage;

1. Relevant Article 366 of the Criminal Act and Article 366 of the choice of punishment for the crime (the point of causing damage and destruction of property, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment by law: Imprisonment for not more than seven years and not more than six months;

2. Application of the sentencing criteria;

(a) Determination of types: Crimes of obstruction of performance of official duties, obstruction of performance of official duties, and Category I (Obstruction of Performance of Official Duties);

(b) Scope of recommendations: Basic area, six months to one year;

3. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution for two years, order of community service 40 hours, and 40 hours in the lecture of violent therapy [fluoral circumstances] the nature of a contingency crime under the influence of alcohol (fluorous circumstances] and no recovery from damage;

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