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(영문) 전주지방법원 남원지원 2013.12.24 2013고단257
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant who suffered property damage is punished for a strike, dispute, or dispute, for the reason that it is not known while working together in the “D” restaurant operated by the victim C in the Namwon-si, Namwon-si, 16 October 16, 2013.

20,000 won of the market price was damaged by removing five strings on the floor where a chemical was placed on the table and destroying electric wires and decorations installed on the floor.

2. The Defendant at the same time and place as above 112 reported to the effect that there is such disturbance at the scene, thereby obstructing the Defendant’s handling of the police officer’s 112 report case and his lawful execution of duties on the prevention and suppression of crimes by assaulting assaulting the head of the slope F in the course of proceeding with the E zone, which was driven by the police officer, at the time and at the time and at the same time and at the same place, the Defendant expressed to the Defendant that “the Doner would have been damaged.” In order to conduct the instant investigation, the Defendant expressed to the Defendant that “the Doner would have been damaged.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol against C, G, and F;

1. Application of Acts and subordinate statutes to report internal investigation (on-site photographs, etc.) and investigation reports (the confirmation of details of damage C by the victim);

1. Article 136 (1) of the Criminal Act and Article 366 (1) of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying and damaging property and the choice of imprisonment);

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 (The following extenuating circumstances among the reasons for sentencing);

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

1. The scope of punishment: Imprisonment for one month to seven years;

2. The scope of the sentence recommended on the sentencing guidelines [type of crime] obstruction of the performance of official duties, obstruction of the performance of official duties, and obstruction of the performance of official duties.

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