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(영문) 대전지방법원 서산지원 2019.06.19 2018고단1397
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around 00:05 on September 6, 2018, the Defendant damaged the Defendant’s property damage by making the victim D and the joint owners wear the door door of his/her ward at the Defendant’s residence located in Jinjin-si B and C, thereby causing approximately KRW 200,000 won of the repair cost.

2. On September 6, 2018, at around 00:05, the Defendant: (a) reported on September 6, 2018, at the Defendant’s residence located in Jinjin-si B and C, and sent to the site by the police officer belonging to the police station E zone affiliated with the Jinjin-gu Police Station E zone, who called the above C for the purpose of handling the report; (b) the above F was prevented to put the said F into the said F to “inland”, and to put the said F into drinking and salking; (c) put the said F to the left hand of the said F; (d) put the said F to the body of the said F; and (e) after leaving the hallway and the stairs, the said F used the said c to cut off.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with regard to F and D;

1. Notification to a department related to the report of 112 Incident, application of Acts and subordinate statutes governing the E District Large Work Site, On-site, etc.;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

(b) Second crimes (determination of types) (Destruction of and damage to property). General standards for the crime of destruction.

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