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(영문) 의정부지방법원 2018.05.02 2018고단615
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On January 28, 2018, at the home of the victim D, the father of the defendant, who is the father of the defendant, 207 dong 304, the damage of property, around 19:30, the defendant damaged the victim's property by destroying one TV set, one chemical powder, and two fishery ports where the market price of the victim's possession is unknown on the ground that the victim has been holding an article with another person's possession.

2. The Defendant interfered with the performance of official duties, at around 19:40 on January 28, 2018, and at the place indicated in paragraph (1), and at around 112 on the same content as that indicated in paragraph (1), and received a report from F, a police officer of the Gyeonggi-do Police Station E District Police Station, who was called out after being asked about personal information, etc. from F.

From the street to the knife, the knife shall be discarded.

Saccinia shall be discarded in the city of Sami.

(d) The head of the police station, the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu.

“Pasting,” such as “,” was fluent.

As a result, the defendant threatened police officers to interfere with legitimate execution of duties concerning the prevention, suppression, and investigation of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each 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 for observation of protection;

1. Punishment by law: Imprisonment with prison labor for not more than seven years and not more than six months;

2. Application of the sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person who is subject to special sentencing).

B. Part 2 Crimes (Destruction) [Scope of Recommendations] and Part 1 (Destruction of Property, etc.) (one month to six months) are mitigated area (including a person with a special mitigation), which is not punishable (including a serious effort to recover damage) or significant part of the mitigation area.

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