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(영문) 의정부지방법원 2016.01.25 2015고단1389 (1)
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Madan 1389] On April 11, 2015, the Defendant, along with B, destroyed a cosmetic standing signboard in front of the cosmetic room located in Macheon-si, Sacheon-si, by being under the influence of alcohol, and caused damage to the cosmetic signboard, which became the owner of the cosmetic room and the Siculation, and upon receiving a report from 112 that “the cosmetic signboard was damaged” was damaged by the police officer who belongs to the police station in the Mancheon-gu, Police Station F District, called “the cosmetic signboard was damaged.” The Defendant did not arrest the police officer, who was called “A” and “B” in order to verify the facts by the police officer G, who was dispatched, on one occasion, at one time before the left side of G, and did not directly arrest the police officer from the police officer assigned to the above F District, and the Defendant did not interfere with the execution of his official duties.

Accordingly, the defendant, in collusion with B, interfered with the legitimate execution of duties concerning the dispatch of report and boundary service by police officers.

[2015 Highest 1514] On February 21, 2015, the Defendant driven a K EF small-scale car from around 3 km to the front road of the Defendant’s home located in the J-si in Macheon-si to the front road of the same Ri located in the Republic of Korea.

Summary of Evidence

[2015 Highest 1389]

1. Statement by the defendant in court;

1. Each statement of G, H and I;

1. Each damaged photograph (2015 high group 1514);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;

1. Relevant provisions of the Criminal Act and Articles 136(1), 30 (Interference with the performance of official duties) of the Criminal Act, Article 152 Subparag. 1, 43 (Conduct of Unlicensed Driving) of the Road Traffic Act, and the selection of imprisonment for each type of 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. 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 or orders to provide community service;

1. The scope of punishment based on the sentencing guidelines for a crime of obstructing the performance of official duties [type] shall be aggravated by Type 1 (Interference with and Compelling the performance of official duties].

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