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(영문) 수원지방법원 평택지원 2017.03.16 2017고단185
공무집행방해등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On January 18, 2017, at around 00:15, the Defendant destroyed a 35-way course with the water of Pyeongtaek-si, and without any particular reason, the Defendant was under influence of alcohol in front of an elementary school, using a dust (90cm in total length) that is a dangerous object that was loaded on the vehicle of the victim C in front of an elementary school, and caused damage to cover repair costs of approximately KRW 700,000,000 to the window of the driver’s seat of the said vehicle.

2. The Defendant interfered with the performance of official duties, insultd with the Defendant, at the time and place specified in paragraph 1, and at the same time, and at the same time and place as stated in paragraph 1, assaulted the face of the above police officer at one time, on the ground that the Defendant assaulted the victim E, a police officer belonging to the D District Police Station, who was called the police officer belonging to the D District Police Station, on the ground that he was asked for the lower demand from the victim E, a police officer belonging to the D District Police Station, who was called the said police officer, on the one hand.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the handling of 112 reported cases, and openly insultd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. On-site photographs and protogram photographs;

1. Application of the written estimate for automobile maintenance;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 136(1) of the Criminal Act, Article 31 of the Criminal Act, Article 31 of the Criminal Act, the choice of imprisonment for a 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. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.

- the agreement with the victim of special property damage - there is no criminal history at all - the defendant runs against the defendant's mistake in depth.

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