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(영문) 대전지방법원 2016.08.17 2016고단1552
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 April 15, 2016, the Defendant: (a) obstructed the performance of official duties, on the way in front of the “C main points” located in Daejeon Daejeon Daejeon, Daejeon, on April 15, 2016; and (b) committed assault against the Defendant’s leakage or F; (c) obstructed the Defendant’s non-electric power that was sealed by breaking the external leather of the said Party E in good hand by putting the Defendant’s satise and sating it down; and (d) satisfing the saturf, sating the flaf, sating the flaf and wearing it on the sat.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports.

2. The Defendant damaged public goods, on the ground that he was arrested as a flagrant offender due to interference with the performance of official duties at the same time and place as stated in paragraph 1, and was on the G patrol vehicle, he was able to wear the said patrol vehicle in a way that the amount equivalent to KRW 158,156 of the repair cost would amount to KRW 158,156.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A H statement;

1. Application of Acts and subordinate statutes to photographs and estimates of damage;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment 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. The scope of recommended sentence based on sentencing guidelines under Article 62-2 of the Social Service Order Criminal Act (from June to February) and the following circumstances shall be determined as ordered by considering the reasons for sentencing.

1. Basic crime: Damage to public goods (the basic area (six months to one year and six months));

2. Concurrent Crimes: Interference in the performance of official duties (No. 1 type (Interference with the performance of official duties and coercion of duties).

3. Extent of the recommended sentence based on the standards for handling multiple crimes: A fine shall be imposed in several instances, which is unfavorable from June to February.

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