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(영문) 광주지방법원 순천지원 2021.02.17 2020고단2499
공무집행방해등
Text

A defendant shall be punished by imprisonment for 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 September 1, 2020, at around 21:50, the Defendant damaged the front glass window of the DMW 520D car owned by the victim C (48 years, south) who was parked therein, and the front glass window of the driver’s seat, the front glass window of the driver’s seat, the back seat knick of the driver’s seat, etc. in a cell phone, thereby damaging the front glass window of the market value of KRW 1,758,570 and the rear seat knick of the driver’s seat.

2. On September 1, 2020, the Defendant interfered with the performance of official duties, in front of the “F church” in Pyeongtaek-si E, in front of the “F church”, and in front of the “F church” apartment G apartment G unit in Pyeongtaek-si, the Defendant flick the police officer, and the Defendant flick the person, who is under the influence of alcohol in front of Pyeongtaek-si G, and is still under the influence of liquor in front of Pyeongtaek-si G.

“In the event that a person was returned to the site after receiving a report of 112 on the content of “I” and was able to return home from HJ of the Gyeonggi-gu Police Station HH District, the person was under the influence of alcohol and was able to use the above I’s left luminous part and snow part once in the left hand without any justifiable reason, and the person committed an assault on the part of the said J, i.e., the 112 police officers’ lawful performance of duties concerning the handling of reported duties and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police made to C, I, and J;

1. On-site and photographs of damaged parts;

1. Efabags to a fabags;

1. Application of the written estimate statutes;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;

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

(a) Class 1 Crimes (Interference with the Execution of Official Duties) [Type 1] Interference with the Execution of Official Duties, and Interference with the Execution of Official Duties.

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