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(영문) 광주지방법원 2017.11.01 2017고단4118
공무집행방해등
Text

The punishment of the accused shall be determined by ten months of imprisonment.

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

Reasons

Punishment of the crime

1. On July 30, 2017, around 22:33, the Defendant: (a) 301, the residence of the Defendant located in Gwangju Mine-gu, Gwangju; (b) 112 reported the Defendant’s domestic violence from the Defendant’s wife, and sent out to the site on the ground that the circumstances belonging to the police station DNA unit in the Gwangju Mine-gu, the Defendant arrested the Defendant as a flagrant offender, and (c) saw the above circumstances E, the Defendant sprised down the Defendant on the face of the above circumstances E. The Defendant obstructed the police officer’s legitimate performance of public duties in relation to the prevention, suppression, and investigation of police officers’ crimes.

2. The Defendant damaged property at the same time and place as indicated in the foregoing paragraph 1, wherein the Defendant added the Defendant’s personal information to the Victim C E at the same time and place as indicated in the foregoing paragraph 1, thereby defeasing a set of TV on the market price, which is the victim’s possession in a ward, by exposing one set of TV on the market price.

Accordingly, the defendant damaged the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police for C and E;

1. A criminal investigation report (related to attaching work logs);

1. Application of Acts and subordinate statutes concerning report on internal investigation (related to attachment of damaged photographs);

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 366 of the Criminal Act ( point of obstructing the performance of official duties), and choice of imprisonment with prison labor for the 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. Reasons for sentencing under Article 62-2 (1) of the Criminal Act on the observation of protection and attendance order;

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

(a) Crimes No. 1 of the holding [the type of determination] : Interference with the Execution of Official Duties; Type 1 (Interference with the Execution of Official Duties and Compelling the Performance of Duties) / [Determination in the territory of recommendation] Basic Field / [the scope of recommended punishment] 6 months from 6 months to 1 year and 6 months;

(b) Type 1 (Determination of Place of Recommendation) (Determination of Property Damage, etc.) (Determination of Place of Recommendation), mitigation area (non-existence of punishment) (Scope of recommended punishment) of the crime No. 2 (Determination of Type) as indicated in the judgment;

(c) Aggravation of multiple crimes: Six months to one year and nine months.

2. Determination of sentence: Imprisonment;

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