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(영문) 광주지방법원 2018.06.21 2018고단1206
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 29, 2018, the Defendant interfered with the performance of official duties, at around 23:14, 2018, was subject to a 112 report while drunkly walking another person’s residential premises in front of the 303-dong 905 Ga, Gwangju Northern-gu, Gwangju Northern District Police Station C District Zone D (50 years old) of the position of the Daejeon Northern Police Station C (50 years old), and called “a door, opening.”

H. G. G. G. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B., B. B. B. B. B. B. C.

2. Around the time and time indicated in paragraph 1, the Defendant damaged goods used by public offices by drinking to the Seoul Northern Police Station C District of the Gwangju Northern Police Station located in the Gwangju Northern District, and destroying the 480,456 Won in total of the repair cost of the F patrol vehicle, following the head of the F patrol vehicle’s c District of the Gwangju Northern Police Station, which is located in the Gwangju Northern District E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to an investigation report (related to failure to submit a medical certificate of injury and submission of a written estimate for damage);

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

A. A. 1 Crimes No. 1 Crimes: Offenses of Obstructing the Performance of Official Duties [Scope of Punishment]: Group 1 (Obstruction of Performance of Official Duties and Compelling Performance of Duties) in the basic area (from June to one year and six months) [No person subject to special sentencing] 2 Crimes: Offenses of Damaging Public Goods / [Scope of recommended punishment] Type 1 (Invalidity of Public Goods) in the basic area (from June to one year and six months) in the invalidation and destruction of Public Goods / There is no person subject to special sentencing]

(b) Application of standards for handling multiple crimes: Six months to two years;

2. The degree of interference with duties shall be minor in light of the details and results of crimes to be sentenced;

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