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(영문) 인천지방법원 2017.11.30 2017고단6960
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 2, 2017, at around 15:35, the Defendant damaged the victim’s property by getting the frighter listed on the front glass window of the motor vehicle of the victim B owned by the victim B in good hands without any reason at the excessive fishing ground located in the long-term Dong, Gyeyang-gu, Incheon, Gyeyang-gu without any reason.

2. The Defendant interfered with the performance of official duties, at the same time and place as Paragraph 1, and at the same time as Paragraph 1, and at the same place, who received 112 reports and received questions about the circumstances of the instant case from the superintendent of the police box affiliated with the police box of Gyeyang Police Station, and received questions about the guard of the case from the superintendent of the police box affiliated with the police box of Gyeyang Police Station, and obstructed the police officer’s legitimate performance of duties concerning the handling of reports and criminal investigations by assaulting E, such as drinking, walking a part of the guards of the E, and walking a part of the E, by walking him

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. B written statements;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for the crime;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment determined by a crime of interfering with the execution of heavier public duties);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than seven years and not more than six months;

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

(a) Basic crimes [Determinations] Crimes interfering with the performance of official duties, interference with the performance of official duties, and Type 1 (Interference with the performance of official duties and coercion of duties) / Imprisonment with prison labor for up to six months from one year to six months (basic areas);

(b) Concurrent crimes (determination of types), destruction crimes, general standards, and type 1 (Destruction of property, etc.) [Special Sentencing Persons] mitigation elements: Non-won of punishment (Scope of recommended punishment] (Scope of recommended punishment) for one month to six months (Mitigation of mitigation);

C. The standards for handling multiple crimes: 6 months from imprisonment to 1 year, and 9 months (the lowest limit shall be 6 months from the lowest limit of sentence for basic crimes, and the upper limit shall be the maximum limit.

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