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(영문) 인천지방법원 부천지원 2018.07.12 2018고단1321
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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. On April 23, 2018, the Defendant damaged the property by putting a string of the unclaimed market price of the Defendant and the victim, who were jointly owned by the Defendant and the victim, on the floor, on the ground that the Defendant did not enter the Defendant’s wife C (V, 50 years of age) at the inside and outside of the Defendant’s residence, which was located in 00:30, Seocheon-gu B building B, 301.

2. The Defendant interfered with the performance of official duties on April 23, 2018, at the dwelling space of the Defendant, who was located in 00:50, Seocheon-gu B building B, 301, in the dwelling space of the Defendant in 301.

“Around 112, the police box affiliated with the Defendant and the victim, which was called out after receiving a report, assaulted by the Defendant, such as cutting off the Defendant’s chest one time as a defect in order to listen to the statement after separation of the Defendant and the victim’s wife.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A written statement;

1. Investigation report (to hear statements by victim C telephone);

1. A copy of a public official's certificate, a copy of a work site, and a copy of a report filed;

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

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of 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 on orders to attend lectures and orders to provide community service;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) Category 2 (Destruction) Crimes (Destruction) [Scope of Recommendations] and Class 1 (Destruction of Property, etc.) (1-6 months) (including special mitigations), the punishment of those who are not subject to punishment (including serious efforts to recover damage), or a significant damage has been restored.

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