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(영문) 춘천지방법원 원주지원 2016.05.10 2016고단259
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant who damaged property was at around 02:50 on March 9, 2016, at the Defendant’s residence located in the 101-dong 204, Won-si apartment C, the victim B, and on the ground that the Defendant’s wife D was not subject to his/her own telephone, whether the Defendant’s wife was “hicked with the Defendant’s phone.”

“At the time of drinking, the market price was broken down by putting the windows from the inside of the shop in the city.”

Accordingly, the defendant damaged the victim's property.

2. On March 9, 2016, the Defendant obstructed the performance of official duties at the places indicated in Paragraph 1 above, around 03:30 on March 9, 2016, and at the place indicated in the said Paragraph, the Defendant: (a) obstructed the performance of official duties by a slopeF belonging to the Hanju Police Station E District, which was dispatched after receiving domestic violence reports from the said D, sought to hear the details of the report against the said D; (b) took a bath, and carried out the said F’s clothes in his hand, and pushed it down

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the prevention, suppression and investigation of police officers' crimes, and the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. B written statements;

1. Reports on the occurrence of violence, site photographs, and photographs of damaged glass;

1. Application of this Act to the photograph of apartment lease agreement;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor 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 Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Class 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) and the basic area (from June to one year and four months) (the person who is subject to special sentencing) (the person who is subject to special sentencing).

2. Where the mitigation area (one to six months) of the mitigation area (one-month of property damage, etc.) of the Class 2 crime (excluding a person subject to special mitigation), the punishment not for him/her (including a serious effort to recover damage), or a significant damage has been restored;

3. The scope of final sentence due to the aggravation of multiple offenses: From six months to one year and seven months; and

4. Determination of sentence;

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