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(영문) 춘천지방법원 원주지원 2019.09.18 2019고단484
공무집행방해등
Text

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment with prison labor for six months as a crime of obstruction of the performance of official duties at the original state branch of the Chuncheon District Court on November 9, 2017 and is currently under suspension of execution for the said judgment finalized on November 17, 2017.

【Criminal Facts】

1. On April 21, 2019, the Defendant damaged the property damage to KRW 170,000,000 of the repair cost, such as selling the Einti Q30 car volume owned by the victim D at the front of the Defendant’s seat, on the ground that the Einti Q30 car volume was parked in the front of the Defendant’s seat, and making it difficult for the Defendant to take the repair cost to go to the opposite direction.

2. At around 21:15 on the same day, the Defendant: (a) committed an assault against “G” in front of the nuclear power plant of the nuclear power plant of the nuclear power plant of the nuclear power station, where he received 112 reports that “any male has damaged the car by launching the car,” and the circumstances and personal details of the case, and asked the said I, and (b) made the said I’s bath, such as “liver,” and flaging him with his body, and boomed him by hand.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the 112 Report Handling.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Written statements of D and J;

1. 12reported case handling lists, photographs, and reports on investigation; and

1. Application of statutes concerning criminal records;

1. Articles 136 (1) and 366 of the Criminal Act applicable to the facts constituting the crime;

1. Among concurrent offenders, there are favorable circumstances for the defendant, such as the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, which are favorable to the defendant, such as the defendant's mistake in depth. However, the defendant has been living together with the previous case, including the previous case of probation, and the defendant has committed each of the crimes of this case without being aware of even though he was under probation due to the previous case, and the method and result of each of the crimes of this case.

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