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(영문) 창원지방법원 2013.07.12 2013고단1314

공무집행방해등

Text

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

However, 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. Around 00:40 on April 21, 2013, the Defendant: (a) destroyed two small waves in an amount equivalent to KRW 50,00 in the market price and one toilet entrances in an amount equivalent to KRW 100,000 in the market price to be used as a bad if he was pushed the table in the “Dju shop” managed by the victim C in the Kimhae-si Kimhae-si, on the ground that he was fluoring and drinking with E, and was pushed down, on the ground that he was bad.

2. On April 21, 2013, the Defendant of the obstruction of performance of official duties: (a) around 01:40 on the F District of the Kimhae-si Police Station located in Kimhae-si B; (b) voluntarily attended the act of destroying and damaging property and undergo an investigation; and (c) the cream G (38 years old) belonging to the said district police station, who was working in the situation of the cream, prevented the Defendant from engaging in an act of disturbance and forced him/her to return to his/her country, but he/she continued to stop before the said district; and (d) requested him/her to do so, the said G to take the view that “I would have been able to sing, and would be sing down,” and the Defendant interfered with the legitimate execution of duties of police officials in relation to the prevention and suppression of a crime by threatening his/her face by means of a malicious gash.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. G statements;

1. Damage photographs;

1. Application of Acts and subordinate statutes to report on investigation;

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;

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

3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

4. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service order is that the defendant damaged another person's property and furthermore, it is very good that the defendant's crime is committed by threatening a police officer while being investigated by the police station, and obstructing the performance of official duties, etc., and imprisonment for the same kind of crime in the past.