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(영문) 대전지방법원 천안지원 2015.07.09 2015고단466
공무집행방해등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 31, 2014, Defendant A: (a) around 20:00, the Defendant destroyed that the part of the instant vehicle’s right side is cut off on the ground that it is bad for the victim D to walk up in the light while driving the vehicle (E) while driving the vehicle on the street near the Western-ro, 973 Seo-gu, west-ro, west-ro, west-si, ASEAN-si; and (b) the Defendant destroyed that the repair cost of KRW 351,690 is KRW 351,690.

2. At around 20:30 on the same day, the Defendants’ co-principaled the Defendant’s demand for confirmation of personal information, etc. from G, a region belonging to the F District of the Asan Police Station, which was dispatched to the site after receiving the said D’s report on the disturbance, such as the damage and destruction of property, etc. by Defendant A, and the Defendant B refused such demand, and assaulted, such as cutting off, plucking, plucking, plucking, plucking, etc., of G’s spath, and h, a slope belonging to the same district unit, which was dispatched together, and Defendant A committed assault, such as dumping and smuggling.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendants’ legal statement

1. Each statement made by the police officer in relation to G, H and D;

1. Entry of the automobile inspection and maintenance specifications;

1. Application of related visual Acts and subordinate statutes;

1. Relevant legal provisions pertaining to criminal facts A: Article 366 of the Criminal Act (the point of causing damage and destruction of property), Articles 136 (1) and 30 of the Criminal Act (the point of obstructing performance of official duties): Articles 136 (1) and 30 of the Criminal Act;

1. Tradeal concurrence Defendants: Articles 40 and 50 of the Criminal Act (Mutual Crimes of Obstruction of Official Duties)

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Defendant A from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for the crime of obstruction of performance of official duties heavier than punishment);

1. Defendants subject to suspended sentence: The reason for sentencing under Article 62(1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing below); and

1. The scope of punishment by law;

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