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(영문) 창원지방법원 통영지원 2014.08.08 2014고단474

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On April 20, 2014, at around 02:10 on April 20, 2014, the Defendant damaged the victim’s entrance, which is the victim’s possession, by avoiding disturbance, such as drinking and assaulting employees, from the main points of the operation of the victim D, which is located outside of the above main points, to make the victim take a bath, and to see the hand hand of the above main entrance, which was set down by the two hand, and by making the entrance door cut back, the above entrance, which is the victim’s possession, to be damaged in an amount of KRW 50,00,00,000.

2. At around 02:25 on the same day as the statement in the preceding paragraph, the Defendant: (a) took a bath to the above F, who was asked by F, a police officer belonging to the Gosung Police Station E District E District of Gosung Police Station, to ask questions about the above main entrance door from him, who was dispatched after receiving a 112 report to the effect that “the son was accompanied by his door,” and who was asked by F, a police officer belonging to the said E District E District E District, to open the above main entrance door, and assaulted F, who was able to walk the above F’s upper part of the said F with his hand, to walk the bridge, a police officer belonging to the said E District.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement of F and G;

1. photographs of each damaged part, and on-site photographs;

1. Application of the written estimate statutes;

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. According to the sentencing guidelines for sentencing in Article 62-2 of the Probation Criminal Act, the lower limit of six months of imprisonment is recommended to the Defendant [the case where there is no special punishment, and the case where the sentencing guidelines are not set is concurrent crimes.]