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(영문) 수원지방법원 안산지원 2019.08.30 2019고단2199
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 9, 2019, the Defendant: (a) returned home from D to a police box belonging to the Silung Police Station C, a police box belonging to the Silung Police Station, who was called out after receiving a report from B before Silung-si, on June 9, 2019, stating that “the male who ever ever ever ever

(1) the Corporation has received the hearing.

Accordingly, the Defendant, without any justifiable reason under the influence of alcohol, committed assault against the police officer, such as booming a brush, following the brush, etc., by drinking booming the brush on two occasions.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling the 112 reported case and maintaining public order.

2. When the Defendant was arrested as a flagrant offender on the above date, at the above time, at the above time, and at the above place, and was asked to get on the patrol vehicle No. 51 E, the Defendant destroyed the above patrol vehicle’s left side of the patrol vehicle, which is a public object, by breaking up two times without complying therewith, thereby damaging the repair cost of KRW 341,00.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A written statement;

1. 112 reported case handling table;

1. Reports on internal investigation, investigation reports, estimates of vehicle patrols, and statements of transaction;

1. Application of Acts and subordinate statutes to photographs damaged for public use;

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141 of the Criminal Act, the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Second offense (damage to goods for public use) (decision of type);

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