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(영문) 대전지방법원 천안지원 2017.11.02 2017고단1324
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

1. On June 8, 2017, the Defendant damaged the above musical instruments to have a total of 3,550,000 won for repair costs collected in hand by using the following methods: (a) the Defendant, under the influence of alcohol at the main point of “D” located in the south-dong, Dong-dong, Dong-dong, Dong-dong, the Defendant: (b) the victim E, who was installed there, without any justifiable reason; (c) the head office, one head office, one computer monitor; (d) one computer monitor; and (e) one microphone monitor; and (e) the vehicle, etc., the vehicle was destroyed to have a total of 3,50,000 won for repair costs.

2. On June 8, 2017, at around 23:25, the Defendant interfered with the performance of official duties, the Defendant obstructed legitimate execution of duties concerning the reporting processing of the said G 112 report, which is a police official, by assaulting the F police officer, such as spitation, etc. of the said G at the prices of four to five times the 112 patrols, by arresting him/her as a current offender after receiving the said report at the places indicated in the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. I and E respective self-statements;

1. Application of Acts and subordinate statutes to the field and damaged areas;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The defendant, under the influence of alcohol, destroys equipment necessary for another person's main business and assaults a police officer dispatched after receiving a report, etc.; circumstances that are favorable to the nature of the crime are against the defendant's wrong recognition and agreement; the defendant has no record of the same crime; and there is no record of criminal punishment heavier than the fine, the defendant's age, sex behavior, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc. shall be determined as the sentence in the same manner.

The prosecution shall be dismissed.

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