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(영문) 수원지방법원 안산지원 2016.04.07 2016고단421
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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 January 28, 2016, the Defendant interfered with the performance of official duties, stating that the Defendant “A. D. at home” was “A. at home” while drinking alcohol together with the members B, 101 of Ansan-si, Ansan-si, and women-friendly C, and that the Defendant was dissatisfied with C.

As a result, C reported to 112, E and F, a police officer belonging to the police station of Ansan-gu Police Station, was called out.

Since then, the above E demanded the defendant to leave the defendant to take a separate measure with the above C's request.

Accordingly, the defendant is living together with the above E, has a high quality of fingers, and is so big;

The death shall be discarded.

"............." intimidation, such as drinking and ging away from 6-7 times as a head of a house.

As the above F was prevented, the Defendant committed assault, such as pushing the above F F’s breast part by hand.

As such, the Defendant interfered with the legitimate performance of official duties by interfering with the police officer's duty of handling reports, etc. dispatched to the site after receiving 112 reports.

2. The Defendant damaged property by means of 200,000 won or more at the time, place, as described in the above 1.1. Paragraph, and as described in the above 1. Paragraph, the Defendant destroyed property by using an incidental method, where he was requested by a police officer to leave from the police officer, and the market price of the victim G-owned land was 200,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, F, and E;

1. Report on investigation;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison 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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. The sentencing guidelines set forth in the first-class crime (Interference with the execution of official duties) [the scope of punishment] and the aggravated area (one year to four years) of interfering with the performance of official duties.

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