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(영문) 수원지방법원 2016.11.24 2016고단5760
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 August 5, 2016, the Defendant: (a) around 23:50 on August 5, 2016, the Defendant: (b) destroyed the repair cost to make sure that the repair cost would be KRW 1,051,576, by putting the booms of the F C owned by the Victim E, which was parked at the same time, under the influence of alcohol, carried the booms of the victim E, which were parked at the same time without any reason; and (c) cutting the booms of the booms, which were filled up by the booms.

2. Around 00:20 on August 6, 2016, the Defendant: (a) arrested the Defendant in the front of the H District G located in G with the wife population as a crime of causing property damage, such as the preceding paragraph; and (b) escorted the Defendant at the H district and unloaded from the patrol vehicle; (c) without any special reason, conducted assault by asking the Defendant for a slope I’s bridge belonging to the H District in the G District in the Gangseo-dong Police Station in the process of carrying, the Defendant, without any special reason, at one time.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest and escort of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I and E;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A favorable circumstance that has the history of criminal punishment for the same kind of crime (two times of a fine due to the obstruction of performance of official duties, two times of a fine due to the crime of causing property damage, and one time of a fine due to the crime of damaging public goods): One time of a fine due to the crime of causing property damage): The victim E has recognized and reflected his/her mistake, and the victim E has agreed smoothly with the victim E, and the victim deposited one million won for the police officer. It is so

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