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(영문) 춘천지방법원 영월지원 2020.03.10 2019고단598
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 16, 2019, the Defendant: (a) around 23:50 on November 16, 2019, around the residence of the victim C (Woo, 35 years old); (b) on the ground that the Defendant’s wife was aware of the fact that the victim was in China, he did not inform the Defendant of the fact that he was living in China, and (c) caused the damage to the Defendant by gathering one math of a tree with a market value equivalent to KRW 40,00,000,

2. The Defendant assaulted the victim’s right-hand part on the left-hand part of the victim, on the ground that the victim made a verbal dispute with the victim, at the time, place, or at the time, as described in paragraph 1, and on the ground that the victim made a verbal objection against the Defendant.

3. On November 17, 2019, at around 00:25, the Defendant: (a) requested the Defendant to disclose personal information from the E District security guards F of the Pyeongtaek Police Station, who was called out after having received a report that the Defendant destroyed and damaged his/her will and destroyed his/her will; and (b) assaulted the face of the said police officer on one occasion on the left-hand hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each statement of G, H and F;

1. 112 Application of Acts and subordinate statutes to the 112 Reporting Report List, Investigation Report, etc.;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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 applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1). The recommended field of obstruction of the performance of official duties [Article 1] / coercion of official duties (special person) is without merit.

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