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(영문) 춘천지방법원 원주지원 2014.11.05 2014고단863
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On August 6, 2014, at around 18:20, the Defendant: (a) received a request from the victim for smoking tobacco in the D cafeteria operated by the victim C in the original city; (b) thereby, the Defendant destroyed the said cafeteria door to the effect that “I am, Chewing fly, inside, and in the inside, a person who drinked “I ambling this meat?” while smoking tobacco in the D cafeteria operated by the victim C, the Defendant damaged the said cafeteria door to the extent that the repair cost of the vehicle would be KRW 8,00.

2. The Defendant, at the above time and place of the obstruction of performance of official duties, assaulted the slicker, who was reported under the direction F of the original police station E district unit, with personal information, and the circumstances leading up to the incident, “I am slicker, slicker, slicker, slicker, slicker,” who was sent to the police station E district unit upon receiving a report on the damage of property at the above time and place.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of F, C, and G;

1. Application of the statutes governing the case-related photographs

1. Relevant Article 366 of the Criminal Act and Article 366 of the choice of punishment for the crime (the point of causing damage and destruction of property, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than seven years and not more than six months;

2. Application of the sentencing criteria;

(a) Determination of types: Crimes of obstruction of performance of official duties, obstruction of performance of official duties, and Category I (Obstruction of Performance of Official Duties);

(b) Scope of recommendations: Basic area, six months to one year;

3. Determination of sentence: Imprisonment with prison labor for six months, a suspended sentence of one year, and twenty-four hours in the lecture of violent therapy [ffort circumstances] an agreement on the part of the victim of damage to property, reflectivity, and no particular criminal history, and a contingency crime under the influence of alcohol [ffort circumstances] cannot be deemed to constitute an offense of obstruction of performance of official duties;

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