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(영문) 춘천지방법원 2015.02.05 2014고단1327
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 of the final judgment.

Reasons

Punishment of the crime

On December 19, 2014, at around 01:10, the Defendant destroyed the above patrol vehicle in order to maintain repair costs of KRW 189,310 by walking the front part of the patrol vehicle driven by the said H, on the ground that the police officer, who was sent to the scene after having received a report of violent incidents in front of “Gjuk,” located in Gyeyang-gu, Yangyang-gu, Yangyang-gun, for the purpose of threateninging the Defendant who assaults her friend at the scene.

Accordingly, the Defendant resisted at the patrol station to arrest the Defendant as a flagrant offender and take the Defendant into custody of the police box, and assaulted the Defendant, such as the Defendant’s resistanceing the left face of the above H by drinking, and walking the above H’s bridge, etc. on a hand, and walking the bridge of the police officer J (a police box belonging to the Gyeyang-gu Police Station I police box) to stop and stop.

In the end, the defendant damaged articles used by public offices, thereby impairing their utility, and interfered with the legitimate execution of duties by police officers on the maintenance of public peace and order and the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to J and H;

1. Application of investigation reports (in cases of damage to the public goods and attaching photographs of victims of obstruction of the performance of official duties), investigation reports (in cases of the patrol vehicles called out at the time of the incident, the lorbbbling vehicles and shooting and printing-out of the records of the victim K), application of Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties) and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each of the crimes above is aggregated);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The obstruction of performance of official duties (the scope of recommendations).

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