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(영문) 수원지방법원 평택지원 2015.12.24 2015고단1699
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 7, 2015, the Defendant damaged the victim’s property by cutting four confluences on the floor of the table table in the main point of “D” operated by the victim C in Pyeongtaek-si B on the ground that the victim does not leave an article on his/her behalf, and cutting off four confluences on the floor of the table table on the ground that the victim did not leave an article on his/her behalf. The Defendant destroyed the victim’s property by cutting off the table table on the floor of the market.

2. On October 7, 2015, between around 20:00 and 20:30 of the same day, the Defendant obstructed the victim’s main duty of operating the victim’s main office by force by avoiding the disturbance of about 20 minutes and preventing the victim from performing the main duty of customer reception, etc., as described in paragraph (1), at the main point of “D” operated by the victim C, from around 20:0 to around 20:30 of the same day.

3. On October 7, 2015, the Defendant: (a) at the main point of “D”, at around 20:30 on October 7, 2015, arrested a flagrant offender by committing the crime of paragraphs (1) and (2) from F to the police officer belonging to the Pyeongtaek-gu Police Station Ecom box, called “D” and called “F,” and obstructed the police officer’s report and lawful execution of duties concerning the arrest of a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement of G, C and H;

1. Application of damaged photographs and on-site photographs statutes;

1. Relevant Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, the choice of imprisonment for a crime

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. Sentencing Criteria for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order: Violation 1 (Obstruction of Performance of Official Duties). [Scope of Recommendation] Violation 1 (Obstruction of Performance of Official Duties/Compulsory Performance of Duties) basic area (6th to 1th April): Violation 2 (Obstruction of Duties).

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