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(영문) 의정부지방법원 2015.07.31 2015고단1199
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 8, 2015, at around 18:20, the Defendant damaged the property by removing stone and soil from the “Catt” parking lot located in Namyang-si B, Namyang-si, without any justifiable reason, in order to cover the repair cost of KRW 1,296,920, the Defendant destroyed the property by putting defects on the front offender of the said vehicle and the front glass.

2. 공무집행방해 피고인은 전항 일시 장소에서, 신고를 받고 출동한 경찰관인 경장 F이 자동차를 흠집낸 경위를 물어보자 “씹새끼야 내가 뭘 잘못했냐”라고 욕설을 하면서 손으로 위 F의 음낭을 잡아당기고, 옆에 있던 경찰관인 순경 G의 허벅지를 발로 1회 걷어차는 등 경찰관들을 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of D and H;

1. Application of the written estimate statutes;

1. Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The basic area of the obstruction of performance of official duties (6-1-4 months) (6-1-6 months) (no special person] and the former part of Article 37 of the Criminal Act among the crimes of obstruction of performance of official duties for which the sentencing guideline for which no sentencing guideline exists is set, and the crimes of destruction of property for which the sentencing guidelines are not set. As such, the lower limit of sentencing for each of the above crimes is based on the lower limit of the sentencing

[Decision of Sentence] 8 months of imprisonment, 2 years of suspended execution, and 120 hours disadvantageous to community service work: assaulting the victim of the damage and damage to property, unagreements, non-payment of the amount of damage, police officers.

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