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(영문) 전주지방법원 군산지원 2016.11.02 2016고단844
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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) destroyed property damage by a set-off club located in the Dana-si B in Yasan-si; (b) without any justifiable reason, at around 23:16, the Defendant: (c) destroyed a set-off of sound mixtures with a view to 1,200,000 won at the market price managed by the victim D; and (d) caused the damage to the bottom.

2. On August 5, 2016, the Defendant reported on August 23:35, 2016, on the front side of the Catae club located in Yasan-si B, and reported on 112, that “a person damaged”, the police officer, who belongs to the E district unit of the Yasan Police Station E district, called the scene, attempted to arrest the Defendant as a flagrant offender causing property damage and at least once.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. Sentencing criteria;

(a) Where the extent of the mitigation area (one month to eight months) of the obstruction of performance of official duties is insignificant, such as assault, intimidation, and deceptive scheme (special mitigation person) is minor;

(b) The scope of the final sentence due to the aggravation of the punishment of multiple penal offenders who are not subject to the mitigation area (i.e., January to June) (ii) mitigated area (i.e., damage, damage, etc. to property) (ii) mitigated area: January to November; and

2. Determination of sentence: A sentence of imprisonment with prison labor for six months, the number of crimes of this case for two years under suspended execution, the process by the defendant to arrest an offender in the act of obstruction of performance of official duties, etc.; disadvantageous circumstances such as the nature of the crime is not easy; and the defendant both recognize the crimes and repents the mistakes.

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