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(영문) 창원지방법원 진주지원 2017.05.10 2017고단68

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 31, 2016, the Defendant damaged property: (a) around 02:10, the 203-dong B 203-dong B 203, Namnam-gun, Namnam-gun, and (b) around 200,000 won of the market price, 50,000 won of the glass window, which was collected to a stairs window that had been abandoned at the same place without any particular reason under the influence of alcohol, has been broken up; and (b) continuously getting children’s bicycles at the 1st floor up to the 1st floor toward the automatic door of the building; and (c) had them display the door of the vehicle by walking the automatic door on several occasions; and (d) caused them not to operate the 250,000 won of the repair.

Accordingly, the defendant damaged the property owned by the victims of the B203 Dong residents, such as C, etc. to have their usefulness.

2. At around 02:20 on the same day, the Defendant: (a) asked the circumstances leading up to the assignment of the D District Unit belonging to the Gyeongnam-do Police Station D in the Gyeongnam-do Police Station, where 112 reported the crime of destroying property, and asked about the circumstances leading up to the case, etc.; (b) took a bath for the defective Party E; and (c) 1 time as a drinking for the above E’s right shoulder; and (d) 203 201 Do 201 Do 20201 Do 20200,

Accordingly, the defendant assaulted police officers who perform legitimate duties on the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E, F, and C;

1. Application of statutes on field photographs;

1. Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

The sentencing guidelines for the reasons for sentencing shall be decided as ordered by taking into account all the sentencing conditions specified in the arguments of this case, such as the age, sex, environment, circumstances after the crime, etc. of the defendant, in consideration of the sentencing guidelines for the reasons for sentencing (the obstruction of the performance of official duties, damage to property, basic June to November 1), the age of the defendant, sexual conduct, environment, the circumstances of this case