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(영문) 의정부지방법원 2020.01.17 2019고단67
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 31, 2018, the Defendant: (a) around 16:35, 2018, at the top of the C cafeteria located in Gyeonggi-gun B, the Defendant: (b) extracted the said car from the victim D’s hand, without any reason, to the extent of KRW 196,460 for repairing the car.

2. On August 31, 2018, the Defendant: (a) was present at the G police box located in Pyeongtaek-gun Fagu, Gyeonggi-gun on August 17, 2018 and was under investigation due to the suspicion as stipulated under the foregoing paragraph (1); (b) sought to throw a video camera and document, etc., which was carried on the computer on the front of the police box; and (c) sought to remove the police officer H from the police box to which the said police box belongs; and (d) assaulted the chest part of the said police officer on his/her hand on his/her hand.

As a result, the Defendant interfered with the legitimate performance of official duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to photographs on damaged vehicles, photographs on damaged vehicles, and estimates of damaged vehicles;

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. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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). [Attachment 1] There is no obstruction of performance of official duties or coercion of official duties (Special Aggravation) (Scope of Recommendation and Recommendation] basic area, six months to one year and six months (general person who is sentenced to punishment)

(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property) (Destruction of Property) [Attachment 1] No person who causes property damage, etc. (Special Punishment) [Scope of Recommendation and Recommendation] (Scope of Recommendation)] basic area, imprisonment for not less than 4 months to 10 months [No person who is a general person];

(c) Scope of recommendations according to the standards for handling multiple crimes:

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