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(영문) 수원지방법원 2021.02.25 2020고단7644
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. The Defendant is a person who resides in the Suwon-si B Building or C in Suwon-si.

On September 29, 2020, the Defendant: around 17:11, 2020, the Defendant: (a) laid off four parts of a chemical that could not be identified at the market price of the victim while the victim D, who was neighboring the building, left the entrance of the parking lot, and damaged it.

2. The Defendant was at around 17:20 on September 29, 2020, in order to measure the body temperature of the Defendant in a way that: (a) the police box of the police station E box of the Suwon, sent out after receiving a report from 112 that “the person living on the second floor damaged the chemical part;” and (b) the police box of the police station E box of the Suwon sent out after receiving a report from 112 that “the person living on the second floor damaged the chemical part; and (c) the person F brought the physical part of the Defendant to ear with respect to 19.

"....................... was assaulted on the left face of F at one time.

As a result, the Defendant interfered with the legitimate execution of duties of police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A written statement prepared by G;

1. Application of Acts and subordinate statutes to field photographs and damaged parts, CCTV closure photographs and investigation reports (Evidence List Nos. 7);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Points of damage to property: Article 366 of the Criminal Act;

(b) point of obstructing the performance of official duties: Article 136(1) of the Criminal Act (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. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than seven years and not more than six months;

2. Scope of recommended punishments according to the sentencing criteria: Imprisonment with prison labor for not less than six months but not more than one year and not more than Nov. 1.

(a) The basic field of interference with the performance of official duties [the types of decisions] that there is no one type 1 (Interference with the performance of official duties and coercion of duties] [the territory of recommendations and the scope of punishment recommended] (the scope of imprisonment with labor for not less than 6 months, but not more than 1 years and 6 months];

(b) Crimes of damaging property (a type).

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