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(영문) 대전지방법원 논산지원 2018.04.20 2017고단763
공무집행방해등
Text

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

Reasons

Punishment of the crime

On October 30, 2017, the Defendant deleted the part of the criminal records of the indictment and recognized it, and the Defendant did not take a bath while getting on a taxi operated by B while under the influence of alcohol on October 22, 2017, and did not take a bath at the taxi and did not get out of the taxi, so B requested the police officer to assist the Defendant.

Accordingly, it is called that the defendant will not smoke tobacco in the taxi by the taxi in the operation of B parked in the D District parking lot by the slope E belonging to the D District;

Does the defect ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?

The above police officer taken the front door as a mobile phone for business purposes, while pointing out his motive that he should grow up with only why it is, and the above police officer taken the front door as a mobile phone.

However, the defendant's loss of the above police officer's cell phone, which used for his business, caused the above police officer's loss to fall from the floor of the mobile phone, and thereby damaged the repair cost of 223,000 won in the market price to the extent that the cost

As a result, the Defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order, and damaged public goods to their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A damaged photographic phone;

1. The application of statutes governing gallon 5 estimates;

1. Relevant Article 136(1) of the Criminal Act and Article 141(1) (a) of the Criminal Act (a point of obstructing the performance of official duties) of the same Act concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. 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) Class 2 (Damage to Goods for Public Use) / [Scope of Recommendation] / Destruction and Destruction of Goods for Public Use / Type 1 (Invalidity of Goods for Public Use) / Basic Area (six months to one year and six months) / None of special sentencing factors)

C. The scope of final sentence due to the aggravation of multiple offenses: from June to March 2.

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