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(영문) 의정부지방법원 고양지원 2018.07.13 2018고단1290
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 재물 손괴 피고인은 2018. 4. 21. 02:25 경 파주시 B에서 술에 취하여 바닥에 누워 아무런 이유 없이 피해자 C 소유의 D 싼 타 페 승용차를 왼쪽 뒷문을 걷어찼다.

Accordingly, the defendant damaged the car owned by the victim in the amount of 353,450 won for repair.

2. Around 02:30 on the same day, the Defendant: (a) was urged to return home from the Ethical slopeF of the Gyeonggi-gu Police Station Ethical Police Station, called “I ambling, in the case of a police officer, I ambling a guide at one time until the end, I ambling, and I ambling” at the same place on the same day; (b) the Defendant expressed a desire to “I ambling a guide at one time before the end, I ambling the chest of the above F.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and the prevention of crimes by police officers.

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. 112 A list of reported cases;

1. Application of Acts and subordinate statutes of a photograph of damage (D) and written estimate;

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment);

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. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Obstruction of Execution of Official Duties) [Scope of the Punishment, ] the scope of the punishment, which is subject to the punishment guidelines for the crimes falling under Category 1 (Obstruction of Execution of Official Duties), and the scope of the final punishment according to the aggravated multiple crimes, where the degree of violence, intimidation, deceptive scheme, or obstruction of official duties is minor, in the area of mitigation (i.e., special mitigation) [Scope of the Punishment, i.e., the scope of the Punishment, ii. the scope of the Punishment, ii. the scope of the punishment, in the area of mitigation (i.e., damage to property, etc.] (i., January to June), in the area of mitigation (including serious efforts to recover damage), in the area of punishment, or in the case of substantial recovery of damage: January to November:

2. Determination of sentence:

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