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(영문) 서울북부지방법원 2020.05.14 2019고단5258
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 12, 2019, the Defendant causing property damage: (a) around 01:45, in restaurant “D” operated by the victim C of the second floor in Gangnam-gu Seoul Northern District B, Gangnam-gu, Seoul; (b) caused the damage to a tree plant of the amount of KRW 500,000 at the market price, which was owned by the victim who was suffering from the wall, due to his or her flashing and dispute.

2. The Defendant: (a) was asked by the police officer F of the Seoul Gangseo-gu Police Station Estation at the same time and place as the preceding paragraph and called out after having received 112 reports on the obstruction of performance of official duties; (b) was able to ask questions about how the plants were broken out by the police officer F; and (c) took a bath or breath to the said F; and (d) was boomed by b

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to F and C;

1. G statements;

1. Application of Acts and subordinate statutes to the table for handling each damage photograph, 112 reported case;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property): Damage [No. 1] Damage to Property, etc. (Special Convicts): Damage to Property: Damage (including serious efforts to recover damage) or significant damage is recovered.

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