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(영문) 대구지방법원 포항지원 2016.05.12 2016고단114
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 January 3, 2016, the Defendant: (a) was under the influence of alcohol on the roads front of the D convenience points located in Nam-gu, Nam-gu; (b) on January 3, 2016, the Defendant: (c) was under the influence of alcohol on the roads front of the D convenience points; and (d) was under the control of the police box belonging to the Southern Police Station at the port of the Republic of Korea; and (c) was

12 Patrol, the 112 patrol police officer, damaged that the amount of repair costs equivalent to KRW 400,000 of the monthly market price No. 5, which was approximately KRW 5,000.

Accordingly, the Defendant damaged the use of goods used by public offices.

2. The Defendant interfered with the performance of official duties was arrested from F to F as the current offender of the crime of damaging public goods from F at the date, time, place specified in paragraph 1, and asked F to go to the patrol vehicle. The Defendant was wrong for F to get F to get “this Chewing gue, I kn’s mind, and I n’t kn’s mind.

"라고 욕설과 폭언을 하고 오른발로 F 왼쪽 얼굴을 1회 걷어찼다.

Accordingly, the Defendant assaulted F who is a public official in charge of 112 reporting patrols and obstructed the execution of duties.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A copy of the service log in the E box;

1. Application of Acts and subordinate statutes to a investigation report (related to submission of a written estimate for damage to the patrol vehicle);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 141 (1) of the Criminal Act (the point of damaging goods for public use, and the choice of imprisonment with prison labor) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed for a crime causing damage to goods for public use, the punishment of which is heavier);

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

1. Crimes No. 1 in the sentencing guidelines [the scope of recommendation] Crimes No. 1 in the basic area (the period of punishment shall be invalidated) (the period of six months or more of imprisonment with prison labor or one year and six months) [the scope of recommendation]] that there is no person subject to special sentencing [the scope of punishment] [the scope of recommendation]] in the basic area (the period of six months or more of imprisonment with prison labor or one year and four months) in the basic area (the period of six months or one year and four months of imprisonment with prison labor) (the period of six months or one year and four months of imprisonment with prison labor] [the person subject to special sentencing] in the multiple concurrent crimes: Imprisonment with prison labor for six months or two years or more;

2. Sentence;

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