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(영문) 서울북부지방법원 2016.02.04 2015고단4224
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 8, 2015, the Defendant damaged property at the Defendant’s house located in Seoul Special Metropolitan City, Nowon-gu apartment B apartment No. 701, and at the Defendant’s house located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, the wife C, and the husband’s fighting, the wife C, and the husband’s co-ownership of an amount equivalent to 50,000 won at the market price, and the Defendant damaged the property.

2. On November 8, 2015, the Defendant, at the place indicated in the preceding port around 01:10 on November 8, 2015, and the Defendant, upon receiving a 112 report on the said act by the Defendant, tried to drink E with the slope E belonging to the Seoul Nowon Police Station D District, Seoul Nowon Police Station, who called on the site, and was subject to this control, and the Defendant was called “I am on the family day”;

B. The Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba Ba, and the left side of the above E was 2 to 3 times due to the wind.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reports and the maintenance of on-site order by the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. C’s statement;

1. Photographs damaged by property;

1. Investigation report (investigation related to witnesses);

1. A report on investigation (related to a statement by a police officer in call);

1. Application of Acts and subordinate statutes to investigation reports (related to the market price of damaged goods);

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 366 of the Criminal Act ( point of obstructing the performance of official duties), and choice of imprisonment with prison labor 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. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

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

(a) Interference with the performance of official duties (the scope of a recommendation / [the scope of punishment] and interference with the performance of official duties, the basic area (the interference with the performance of official duties and coercion) (the imprisonment of six months to one year and four months) (the person who has no special sentencing factors)

(b) Offenses of damaging property: Offenses for which the sentencing criteria are not set;

(c) The scope of final sentence due to the handling of multiple crimes: Imprisonment with prison labor for not less than six months (the same shall apply to a violation of the execution of official duties for which the sentencing guidelines are set

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