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(영문) 창원지방법원 통영지원 2017.05.24 2017고단421
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. On March 10, 2017, at around 21:50, the Defendant damaged a property by breathing the shock net owned by the victim D, without any particular reason, due to the breathing of the victim D at his/her residence, so that the interim part of the shock net is teared, and the crepans are cut down, etc.

2. On March 10, 2017, the Defendant: (a) reported around 22:15 on the road near the submarine tunnel of 1,017, the head of the Dong-gu Police Station Emba, who was called up after having received a report, expressed a 112 statement of his/her face to the Defendant on the ground that the guard F of the police box belonging to the Tong-gu Police Station Emba, called “I amba, I amba with his/her face, I amba, I amba, I amba, I amba,” and threatened him/her with his/her face by drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. The application of Acts and subordinate statutes to a report on investigation into photographs taken by the victim of an assault, a report on investigation into the victim, and an investigation into the details of the damage to property;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. From one month to seven years and six months of imprisonment with prison labor within the applicable sentencing range by law; and

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

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) Class 2 (Destruction) of the Criminal Act (Damage) [Scope of Recommendation] General Criteria (Destruction of Property, etc.) where the mitigation area (one to six months) [Special Mitigation] of the Punishment Non-Punishment (including serious efforts to recover damage), or significant damage has been restored.

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