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(영문) 대전지방법원 2016.08.24 2016고단963
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 March 24, 2016, the Defendant interfered with the performance of official duties: (a) was informed of the personal information, etc. from E who was dispatched to the site after receiving a report of 112 before the main points located in Daejeon Dong-gu Daejeon, Daejeon Police Station D police station of Daejeon, Daejeon, who was dispatched to the site on March 24, 201; and (b) received confirmation of the personal information, etc. from E; (c)

I asked why he is the victim, why he is the victim, and asked why he is the victim, and there was an assault such as the victim's desire to take the clothes of the above E, and the police officer's legitimate execution of duties concerning the receipt and treatment of civil petition reports.

2. The Defendant damaged the property by cutting off the main standing signboards equivalent to 30,000 won at the market price owned by the victim F at the time and place of the above paragraph.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of field photographs and Acts and subordinate statutes to police photographs damaged;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying property 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) is the basic area (from June to one year and four months) (no person who is subject to special sentencing).

(b) Category 2 (Destruction) Crimes (Damage) [Scope of Recommendation] general standards, where actual damage is minor, in the area of special mitigation (one month to six months) (special mitigation) (special mitigation person]. In the event of minor damage, no penalty is imposed

(c) Final sentence scope for multiple offenders: From June to July 1;

2. Determination of sentence of punishment is disadvantageous to the following: (a) the nature of the crime of this case is not good; (b) the victim police officer wanted to punish the defendant; and (c) the fact that the victim police officer had been punished three times for violent crimes.

The fact that the victim of the crime of damage to property has agreed smoothly with the victim, and the type of the defendant exercised.

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