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(영문) 광주지방법원 목포지원 2018.03.26 2017고단1472
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 22, 2017, the Defendant damaged the property by leaving 3 chemical parts owned by the victim, 2 1, 2, and 1,2, and 1,2,2, and 1,2,2,2,2, and 1,2,2,2,2, and 1,2,2,2, on the floor of the victim C’s “D cafeteria” operated by the victim C on the ground that he was employed in the “D cafeteria but did not know the market price at all.”

2. Around November 22, 2017, the Defendant: (a) received a report from the official box near the above D cafeteria to the effect that the Defendant 112, as described in paragraph (1), carried out a pedago, and tried to confirm the Defendant’s personal information, etc.; and (b) assaulted the police officer F, who is the police officer of the Fag Police Station E box belonging to the police station of the Faging Police Station, on one occasion, on one-time basis.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of report 112 by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to photographs at the damaged scene;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( considered as follows): In light of the background and method of the instant crime, etc., the nature of the crime is not good; the circumstances that have been punished for the crime of violence of the same kind, such as the damage of property or assault, etc.; the circumstances favorable to the failure to recover appropriate damage: the Defendant’s mistake is seriously against the Defendant; the damage appears to be relatively minor; and there is no history of punishment exceeding the fine: the above circumstances and the Defendant’s age, sex, career, home environment; the motive and means of the instant crime; and the circumstances after the crime, etc., the sentencing conditions indicated in the instant argument are various circumstances.

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