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(영문) 광주지방법원 순천지원 2017.11.10 2016고단2848
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than nine months.

Reasons

Punishment of the crime

1. On October 11, 2016, the Defendant: (a) destroyed the repair cost of KRW 100,000, 200, 200, following the car owned by the injured party; (b) the repair cost of KRW 924,515,00, 200, 200, following the car owned by the same military, to ensure that the repair cost of KRW 924,515, 515, 200, is ended, on the ground that other vehicles parked behind the parking lot located in the front of the instruction room of the Goungung-gun Office located in the Goung-gun Office located in the area of Goung-gun-gun, Goung-gun, Goung-gun-gun, Goung-gun, the Defendant parked the vehicle behind his vehicle

Accordingly, the defendant damaged the victim's property.

2. The Defendant interfered with the performance of official duties, on the ground that D, the police assigned to the Gun Office, who was the police assigned to the Gun Office, did not interfere with the performance of official duties at the above time and at the above time and place, assaulted D’s face at one time a week to the right.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of public peace and order of the police assigned for special guard.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against D;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, the main sentence of Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes committed by a person who has heavier punishment) include violence against the defendant for the reason of sentencing, the failure to recover damage, the police assigned for special guard who is the counter-party to the crime obstructing the performance of official duties want to be punished by the defendant, and other circumstances such as the defendant's age, family environment, motive and circumstance of the crime, the result of the crime, the result of the crime, and circumstances after the crime, etc., shall be determined as ordered by the order.

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