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(영문) 춘천지방법원 2021.03.24 2020고단1510
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 18, 2020, the Defendant: (a) around 17:20 on December 18, 2020, the Defendant, without any particular reason, damaged the victim’s desire to take a part in D marina operated by the victim C; (b) putting two containers on the floor at the victim’s market price in an amount equivalent to KRW 38,00,000, and then, (c) 750,000,000, the pole of the Maart’s steel stack, which was string.

Accordingly, the defendant damaged the victim's property.

2. The defendant who interfered with the performance of official duties is required to do so at the place specified in paragraph 1 of around December 18, 2020, and at the place specified in paragraph 1 of around December 19:28, 202.

Upon receiving the report of 112, the Chuncheon Police Station E District Ear, which was called the Defendant, committed assault, such as the defect that the Defendant was able to board the back seat of the patrol vehicle, the said F’s humb, humbing the humb, humbing the f’s face part twice with the hand humbing the hum.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. The 112 reported case handling table;

1. Data on the container Internet;

1. Application of the statutes on photographs and photographs related to each case;

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

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

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

A. Group 1 Crimes (Interference with the Execution of Official Duties) / [Type 1] There is no interference [the scope of recommendations and recommendations] with the performance of official duties. [The scope of recommendations and recommendations] basic area, imprisonment with labor for six months to one year and six months;

(b) No. 2 crime (property damage) [decisions of type]. General standards [No. 1].

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