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(영문) 대전지방법원 2016.08.30 2016고단1758
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 6, 2016, the Defendant interfered with the performance of official duties, at around 02:15, the Defendant: (a) informed him/her of the disturbance on the road in front of the D main points located in Daejeon Dong-gu Daejeon, who was under the influence of 112 on the road; (b) informed him/her of the disturbance of drinking disturbance pursuant to the Punishment of Minor Offenses Act by the F officer in the guard belonging to the E District, who was called out after receiving the notification from F, who was under the influence of drinking disturbance pursuant to the said Punishment Act; (c) was placed in the patrol vehicle that he/she wanted to board the vehicle after receiving the report from other cases; and (d) was allowed to get off the window of the said patrol vehicle; and (d) interfered with the police officer’s legitimate performance of duties concerning the duty of sending reports for about 112 minutes, such as once the head of F gets off from the said vehicle.

2. The Defendant damaged public goods by cutting off the windows of the patrol vehicle on a hand at the patrol vehicle that he/she intends to depart after receiving a report at a time and at a place of port. The Defendant damaged 38,500 won for repair by cutting off part of the boomer installed on the window of the said vehicle’s seat.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H and F;

1. The application of Acts and subordinate statutes on photographs of damage, 112 reported case processing, E district duty, and receipt;

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (a) (a point of damage to goods for public use), Article 136(1) of the Criminal Act (a point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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

1. Article 62(1) of the Act on the Suspension of Execution does not focus on the degree of assault against police officers on the reason of sentencing under Article 62(1) of the Criminal Act, but is minor about the degree of damage to public goods, the defendant reflects the defendant, the defendant has no record of crime other than a fine once, and the defendant is receiving medical treatment with depression, and there are many other factors such as the background of the instant crime, the age of the defendant, the sex behavior, and the environment.

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