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(영문) 수원지방법원 2017.03.20 2017고단855
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On January 31, 2017, the Defendant, at around 22:55, damaged the market’s aesthetic repair cost on the front side of the E pharmacy located in Suwon-si, Suwon-si, the Defendant discovered Franc vehicles owned by the NAF Capital, the injured party standing the vehicle at the same time, and without any particular reason, destroyed the francing string of the franc in the market.

2. The Defendant interfered with the performance of official duties by assaulting the Defendant on the facts and personal information of the Ha (28 Doh) of the border of the police station G G District located in the Suwon Police Station among the water sources dispatched after receiving a report on the damage of the vehicle property at the time and place described in the above paragraph (1), and obstructing the police officer’s legitimate handling of the report by assaulting the Defendant, such as the above H’s chest part, the right bridge part, and the right bridge part, two times, without any particular reason, and obstructing the police officer’s handling of the report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of I and J;

1. A report on internal investigation (on-site conditions, etc.);

1. Application of the statutes governing field photographs and field CCTV images CDs;

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

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing, taking into account the circumstances favorable to the defendant);

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Obstruction of Execution of Official Duties): the scope of the recommendation [the scope of the punishment for the person subject to special mitigation] under the mitigated area of Category 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties) [1 to 8 months] where the degree of violence, intimidation, deceptive scheme, or interference with official duties is minor, the extent of the two crimes [the scope of the recommended punishment] under the mitigated area (1 to 6 months] under the mitigated area (1 to 1 month) under the mitigated area (1 to 1 month), under the General Criteria for Class 1 (Damage of Property Damage, etc.) under the mitigated area (1 to 6 months): the final sentence due to the aggravation of the aggravated punishment for the multiple crimes subject to the aggravated punishment for the multiple crimes subject to reduction: The scope of the sentence compared with the punishment for January to November:

2. Determination of sentence - Circumstances unfavorable to the defendant: the defendant is under the influence of alcohol and for any reason.

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