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(영문) 서울북부지방법원 2016.09.29 2016고단3227
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On July 24, 2016, the Defendant interfered with the performance of official duties: (a) 00:00 on July 24, 2016, for the police officers under the influence of alcohol in D District C located in Jung-gu Seoul Metropolitan Government.

D. The Defendant 10 minutes of the disturbance, such as “Chos Ha, Hashes Hashesh,” and the Defendant 10 minutes of the disturbance, and the police officer affiliated with D District Hashes Hashes Hashes the Defendant left the D District parking lot and returned home, and the Defendant Hashes Hashes Hashes Hashes Hashes Hashes Hashes the part of the above E, without good cause.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the prevention and suppression of police officers' crimes.

2. From July 24, 2016, around 00:40 on July 24, 2016, the Defendant: (a) caused damage to public goods by using the hand stuff, which was kept on the sponse in the sponse room, without justifiable reasons; and (b) by lowering one sponse for men in the market value, the Defendant raised a gold on the upper part of the sponse room.

Accordingly, the defendant has harmed the utility of goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Investigation report (to hear statements of patrolmen E) (on-site workers;

1. Application of Acts and subordinate statutes to damaged urinal photographs;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

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

(a) Crimes of damaging public goods [the scope of recommended punishment] The basic area (the invalidation of public goods) (the imprisonment of six months to one year) (the imprisonment of one year and six months) (the person who is subject to special sentencing) shall not be included in the invalidation or destruction of public goods;

B. Interference with the performance of official duties [Scope of recommended punishment] The basic area (a period of six months to one year and four months) of the type 1 (Interference with the performance of official duties and coercion of duties] of interference with the performance of official duties (a period of six months to one year and four months)

(c) Final sentence scope following the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months nor more than two years and two months; and

3.The sentence of sentence shall be determined as follows:

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