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(영문) 창원지방법원 통영지원 2021.03.04 2020고단1358
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 29, 2020, the Defendant damaged the victim’s property by taking a bath to the customers under the influence of alcohol at the D main place operated by the victim C on May 29, 2020, when the victim’s market price, which is the victim’s possession in the carter, was drinking, and then damaged the victim’s property.

2. On May 29, 2020, the Defendant was arrested as a flagrant offender due to the suspicion of property damage, etc., and caused him to embarking on the back seat of the police vehicle in the Sado Police Station E District, which was called out after receiving a report of 112 on May 29, 2020 from the 11st week, before D’s week, and was urged to invalid from F of the Mado Police Station E District, which was called out after receiving a report of 112 on May 29, 2020.

As a result, the Defendant interfered with the legitimate performance of official duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Application of the written statements and statements by the accused to the Acts and subordinate statutes;

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, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act [Aggravation of concurrent crimes with the punishment imposed on a person who interferes with the execution of heavier public duties];

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

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

A. Group 1 Crimes (Interference with the Execution of Official Duties) / [Type 1] No interference with the performance of Official Duties / [No person subject to special sentencing] [the territory of recommendations and the scope of punishment] basic area, imprisonment with labor for six months to one year and six months;

B. Group 2 (Determination of Type) Crimes (Destruction of Property). General Criteria / [Type 1] Damage of Property, etc. (Special Sentencing) mitigated element:

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