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(영문) 서울남부지방법원 2015.01.21 2014고단4341
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 22, 2014, the Defendant damaged property at his own house located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and 102, to the extent that the dispute occurred with the wife C (the wife C, the age of 59) and the amount of money, and caused damage to the victim and the co-owned property at the market price, such as the corrosion, book, wind, furniture, etc. in the ward.

2. On October 22, 2014, the Defendant assaulted a police officer performing official duties, such as assaulting him/her at his/her house on the foregoing Paragraph 1, and assaulting him/her at his/her house on the part of the police officer who was dispatched after having received 112 reports, with his/her chest part of the security guards E (Nam, 42 years old), who was a police officer assigned to the D District Unit of the Yeongdeungpo-gu Police Station D District of the Yeongdeungpo-gu Police Station that was dispatched after having received 112 reports, and he/she interfered with legitimate performance of duties concerning handling reports 112.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. Application of statutes on site photographs;

1. Relevant Articles 136(1) and 366 of the Criminal Act (the point of obstruction of performance of official duties on the market), and the choice of imprisonment with prison labor for the 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 (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

(a) Basic crime (Crime of Obstruction of Performance of Official Duties) / [Crime of Obstruction of Performance of Official Duties] : Imprisonment with prison labor for 6 months to 1 year (basic area)

B. Since the sentencing guidelines for handling multiple crimes are competition with the crime of obstructing performance of official duties and the crime of causing property damage for which the sentencing guidelines are not set, the lower limit of the sentencing guidelines for the crime of obstructing performance of official duties shall be observed.

2. In order to establish the legal order of the country where the sentence of imprisonment was determined and eradicate the light of the public authority, the Defendant’s need for strict punishment for the crime of obstructing the performance of official duties in this case is great.

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