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(영문) 광주지방법원 해남지원 2017.10.26 2017고단325
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 12, 2017, the Defendant: (a) around 22:50 on July 12, 2017, at the victim C’s 2 heading room operated by the victim C, who was in the Republic of Korea, with drinking alcohol, without any particular reason; and (b) damaged the property owned by the victim equivalent to KRW 1.65 million at the market price.

2. On July 12, 2017, the Defendant interfered with the performance of official duties, who received a 112 report from the above D main points on July 23, 2017, and received a request from the police officer F to present an identification card from the police officer belonging to E District of the police station E District, and without any particular reason, to F, “I see this son, and I see the identification card of the inside.”

차라리 나를 잡아서 경찰서로 넘겨. 이런 씹할 새끼들 아 ”라고 욕설하며 갑자기 오른손으로 순경 F의 가슴 부위를 1회 밀치고, 이에 경찰관들이 피고인을 공무집행 방해죄의 현행 범인으로 체포하려고 하자, 계속해서 피고인은 머리로 순경 F의 얼굴을 1회 들이받고, 오른발로 순경 F의 허벅지를 1회 찼다.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, F, H, and C;

1. On-site photographs and CDs;

1. Application of Acts and subordinate statutes to criminal investigation reports and investigation reports (referring to attachment of recorded files by police officers in mobilization);

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, including observation of protection and community service order;

1. Application of the sentencing criteria;

(a) Interference with the performance of official duties [Scope of a recommended punishment] The basic area (from June to one year and six months) (the person who is subject to special sentencing) shall not interfere with the performance of official duties.

(b) The crime of destroying property (the scope of recommended punishment) shall be one type of general standards.

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