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(영문) 춘천지방법원 2014.10.02 2014고단711
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 June 18, 2014, the Defendant interfered with the performance of official duties, around 23:10, in front of the Defendant’s house located in In his personal affairs, the Defendant interfered with the legitimate performance of duties by police officers for criminal investigation, such as assaulting the said E, etc. on his/her hand, while obtaining confirmation on the details of the report from two persons, including the slope E, and the policeman F, who was called out after receiving 112 reports on the rejection of the report.

2. In light of the time and time stated in Paragraph 1, the Defendant damaged public goods by means of an arrest of flagrant offender under suspicion of obstruction of the performance of official duties, and after the Galburg patrol patrol vehicle using the Human Police Station, the Defendant did not move the part while moving the seat to a seat box, and then damaged the left-hand panel of the above patrol vehicle and then damaged the goods used by public offices to take a total of 56,356 won, such as the exchange of nbbs, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of the written estimate statutes;

1. Relevant Article of the Criminal Act and Articles 136 (1) and 141 (1) of the Criminal Act concerning the selection of criminal facts;

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 (The following extenuating circumstances among the reasons for sentencing);

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

1. Crimes 1 (Crime of Damaging Goods for Public Use) (Scope of Recommendation), invalidation and destruction of goods for public use, the basic area (Invalidity of goods for public use) (six months to one year and six months) (special person) of goods for public use;

2. Type 1 (Obstruction of Performance of Official Duties) of the Second Crimes (Scope of Recommendation) (Scope of Punishment) of the obstruction of Performance of Official Duties, the basic area (six months to one year and four months) (no special person) of the said crimes;

3. The range of final sentence due to the aggravation of multiple offenses: six months to two years (the range of sentence comparison between the applicable sentences and the recommended sentences: six months to two years).

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