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(영문) 수원지방법원 평택지원 2015.12.30 2015고단1720
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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. On November 10, 2015, the Defendant was arrested as a flagrant offender from the police officer D in the Pyeongtaek-gu Police Station C District Police Station, who was dispatched to the case of domestic violence at the Defendant’s residence located in Pyeongtaek-si apartment site B, on November 10, 2015.

Accordingly, the Defendant expressed that the police officer stated that “this spaws, spaws, spaws, spaws, and spaws,” and assaulted the above police officer on two occasions by hand.

Accordingly, the Defendant interfered with the police officer’s legitimate execution of duties concerning 112 declaration processing and arrest of flagrant offenders.

2. The Defendant damaged an object for public use at a temporary border and the apartment parking lot set forth in the above paragraph (1) above, and damaged the back seat and glass window of the patrol vehicle to take several posts and the patrol frame, which is an object for public use, to take up repair costs equivalent to KRW 673,726.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Written estimate;

1. Evidence and photographs of the damaged site;

1. Application of Acts and subordinate statutes to details reported 112 cases;

1. Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence 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;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Crimes 1 applicable to the sentencing guidelines [Scope of Recommendation] Crimes 1 (Scope of Punishment), Type 1 (Invalidity of Public Goods), Type 1 (Act No. 6-1 and 6) on the Nullity and Destruction of Public Goods (Act No. 1) [Scope of Recommendation Punishment] 2] that have no basic area (Act No. 6-1 and 6 months) [Scope of Recommendation Punishment] / Where the mitigation area (Act No. 1-8 months) on the obstruction of performance of official duties (Act No. 1-8 months] / Where the degree of assault, intimidation, and deceptive scheme is minor, the scope of final sentence due to the aggravation

2. The crimes of obstruction of the performance of official duties in the determination of sentence are those detrimental to the function of the State by nullifying the legitimate exercise of public authority.

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