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(영문) 광주지방법원 장흥지원 2018.04.19 2017고단95
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Around February 18, 2017, the Defendant damaged the 400,000 won of the market price owned by the victim C, which was located in Heung-gun B, by leaving the D amusement shop operated by the victim C, which was operated by the victim C, and the victim who was demanded to extend one hour on credit, refused to do so.

2. On March 8, 2017, the Defendant obstructed the performance of official duties, around the F Hospital located in Heung-gun, Seoul, the Republic of Korea: (a) called up to the F Hospital located in Heung-gun; and (b) took part in an administrative vicarious execution to remove illegal street store facilities; (c) took part in the company G belonging to the Heung-gun Office of the Heung-gun, who took part in the administrative vicarious execution; (d) took part in the Ha’s bath, Ha’s h

Accordingly, the defendant interfered with legitimate execution of duties concerning administrative vicarious execution by public officials.

Summary of Evidence

1. Each police statement made to H and C;

1. Application of Acts and subordinate statutes to a criminal investigation report (a photograph attached thereto and a written estimate submitted);

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 scope of punishment for concurrent crimes according to the sentencing guidelines set out in the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of punishment for recommendations] the basic area of crimes (refluence of interfering with performance of official duties and coercion of duties) No. 2 (defluence of June or January) of the basic area (refluence of performance of official duties) / the scope of punishment for multiple concurrent crimes (refluence of property damage, etc.) of the basic area (refluence of April or October) No. 1 (refluence of property damage, etc.): The details and method of each of the crimes of this case, methods and time of obstructing performance of official duties, the method and time of obstructing execution of official duties, the criminal records of the defendant, etc. shall be considered.

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