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(영문) 수원지방법원 평택지원 2016.02.04 2015고단1821
공무집행방해등
Text

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

However, the execution of the above sentence 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 November 16, 2015, at around 04:20, the Defendant: (a) destroyed the Eteteteteme vehicle, the victim of which was parked at the scene without any justifiable reason, under the influence of alcohol in front of the beauty room operated by the victim D in Pyeongtaek-si C; and (b) destroyed the repair cost of KRW 1,939,155, such as exchange of panbs, by making it possible for the victim to take advantage of drinking and plastic transit.

2. On November 16, 2015, at around 04:40, the Defendant interfered with the performance of official duties, at the place indicated in paragraph (1) around 04:40 on November 16, 2015, the Defendant interfered with the police officer’s legitimate performance of duties in relation to the duty of dispatch of report by the police officer by assaulting the Defendant by assaulting him on three occasions the chest part to stop the Defendant, who was working at the seat of the F District in the Pyeongtaek-gu Police Station F District, which was called out by the Defendant upon receiving a report of 112 that the Defendant destroyed and damaged the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (D, G) of each police station;

1. Application of Acts and subordinate statutes to damaged photographs and estimates for repair of vehicles;

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

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. The general standard for the sentencing of Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of Official Duties is as follows: The scope of punishment [the scope of punishment recommended] under Article 62(2) of the Act on the Punishment of Specific Crimes (Interference with the Execution of Official Duties) [the scope of punishment] under Article 62(1) of the Act on the Punishment of Specific Crimes (Interference with the Execution of Official Duties] under Article 62(1) [the scope of punishment] under Article 62(1) [the scope of punishment under Article 62(1) [the scope of punishment] under Article 1 of the Act on the Punishment of Specific Crimes (Interference with the Execution of Official Duties]; Article 62(1) [the scope of punishment] under Article 62(1) [the scope of punishment under Article 62(1) of the Act on the Punishment of Specific Crimes; Article 62(1)-1 of the Act on the Punishment of Specific Crimes; Article 62(3(2).

order for any reason above.

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