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(영문) 수원지방법원 2018.04.04 2017고단7593
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. On September 22, 2017, the Defendant damaged property: (a) around 00:50, at the “D” singing room operated by the Victim C in Osan City, the Defendant laid down the victim’s market value, etc. on the floor, which was lower than the market value on the table, due to the problem of drinking value, etc.; and (b) broken down, by hand, the string the string of the market price on the floor, the string of the string, which was left on the top of the floor.

Accordingly, the defendant damaged the victim's property.

2. The Defendant: (a) arrested a flagrant offender for the same reason as Paragraph (1) and assaulted the F of the said F face on one occasion at the patrol vehicle, on the date and time, at the place specified in Paragraph (1) and at the location specified in Paragraph (1); and (b) arrested a police officer belonging to the 3 patrol team of the Sungsung East Police Station, who was called up with 112, for the same reason.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes governing field photographs, DNA campaigns, and video CDs;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for the 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 of the community service order;

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

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) The scope of the final sentence due to the increase of multiple offenses, for which the basic area (from April to October) (no person subject to special sentencing) of Category 1 (Destruction of Property, etc.) is based on the general standard for the crimes of Category 2 (Destruction of Punishment): June to November 11;

2. The fact that the crime of this case in which a sentence of punishment was rendered is not deemed to have been committed with violence to police officers performing legitimate duties, and damage property.

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