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(영문) 의정부지방법원 고양지원 2015.07.17 2015고단1289
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 23:20 on April 17, 2015, the Defendant: (a) received a report and received confirmation from the police officer G of the F District Police Station in the Yongsan-gu Police Station, the Defendant: (b) expressed the police officer’s desire to “a fluoring, fluoring, fluoring, fluoring, fluoring, fluoring, fluoring,” that “a fluoring, fluoring, fluoring, fluoring, fluoring, fluoring, fluoring, fluoring,” and arrested a police officer in the act of obstruction of performance of official duties to go to the police patrol car (H); (c) thereby, the Defendant destroyed the police patrol fluoring the lower right glass, thereby impairing the repair cost of KRW 192,500,00.

Accordingly, the Defendant interfered with police officers' performance of official duties on the handling of reported duties by force, and damaged public goods.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement of I;

1. A written estimate of damage;

1. Application of Acts and subordinate statutes governing the patrol car damage photograph;

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of imprisonment for a crime;

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. Although the Defendant was under the influence of alcohol, the Defendant assaulted the police officer without any particular reason, and destroyed the patrol vehicle.

It is necessary to impose strict punishment on the act of evading the legitimate execution of public authority.

The defendant has been punished for violent crimes, including obstruction of performance of official duties, five times.

However, the defendant led to the confession of the crime and restored the vehicle damage.

There shall be no history of punishment exceeding a fine for the accused.

The above circumstances and the defendant's age, character and conduct, occupation, family relationship, and crime.

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