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(영문) 수원지방법원 여주지원 2018.05.02 2018고단257
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 14, 2018, the Defendant interfered with the performance of official duties was under the influence of alcohol in front of the “C” located in Echeon-si B. Around March 14, 2018. Around 02:30, the Defendant, upon receiving 112 a report, sent the Defendant to the police officer D, who shouldered the Defendant, sent the Defendant a bath, such as “C coping franch” to the police officer D, and, at the same time, sent the face of the said D three times by drinking, followed the Defendant by assaulting the Defendant on the body of the said D, going beyond a bridge, thereby obstructing the police officer’s legitimate performance of duties regarding the protective measures.

2. The Defendant, who damaged public goods, was arrested to police officers D, etc. at the time, time, place, etc. set forth in paragraph 1, and was arrested to the patrol vehicle No. 32 of the Leecheon Police Station net 32, which damaged the 100,000 won of the repair patrol vehicle used in the public lawsuit so as to make the front window behind the driver’s seat inside the vehicle unfolded on several occasions due to the character of the arrested facts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (verification of patrolling and repair expenses);

1. Application of the Acts and subordinate statutes to take photographs of the scene and damaged parts, and to take photographs of images;

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. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed for a crime causing damage to goods for public use, the punishment of which is heavier);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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: Imprisonment with prison labor for one month or for ten years and six months;

2. Crimes No. 1 of the scope of the sentence recommended on the sentencing guidelines [the scope of the recommended sentence] and crimes No. 2 of the basic area (from June to one year and six months) (the person subject to special sentencing) (the scope of the recommended sentence] of the category 1 (Interference with and Forced Performance of Official Duties) that interfere with the performance of official duties [the scope of the recommended sentence] of the category 1 (the invalidation of official goods).

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