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(영문) 대전지방법원 천안지원 2015.09.11 2015고단1254
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around March 8, 2015, the Defendant damaged the repair cost of KRW 200,000,000 by walking a cooling and glass door owned by the victim E, while under the influence of alcohol at “D liquor” located in Asan-si, Asan-si.

2. On March 8, 2015, the Defendant: (a) committed an assault, such as, on the same day, around March 8, 2015, the Defendant: (b) while drunkly breading a fright at the above main point; (c) Gman of the F District of the ASEAN Police Station called out after having received a 112 report, she prevented the Defendant; and (d) she embling the Defendant, she fladdd the flag, “C flae flaf,” and b

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police officer's statement about G, E, H, and I;

1. A statement in a written estimate;

1. Application of statutes on images of on-site photographs;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crimes of obstruction of performance of official duties heavier than punishment);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing criteria;

A. Type 1 of the obstruction of performance of official duties (in the case of a decision on the type of the obstruction of performance of official duties) [Special Convicts] mitigation elements - In the case where the degree of assault, intimidation, and deceptive scheme is minor (decision on the recommended sphere), mitigation area, one month to eight months of imprisonment

(b) Type 1 (Special Convicts, Destruction, etc. of Property) (Special Convicts), mitigation factors (determination of recommended areas), mitigation areas (determination of recommended areas), one month to six months of imprisonment, and six months of general criteria for destruction and damage of property.

(c) Final sentence scope according to the standards for handling multiple crimes: Imprisonment with prison labor for one month to one month;

2. Determination of sentence: Imprisonment with prison labor for four months, and one year of a suspended sentence, the property of another person;

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