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(영문) 부산지방법원 2014.08.21 2014고단5152

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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. On April 18, 2014, the Defendant damaged the entrance of 170,000 won at the market price, which is owned by the victim, by walking the entrance of the above meat store on the ground that the Plaintiff was under the influence of alcohol in front of the D-style landing point operated by the victim C located in Seo-gu Busan, Seo-gu, Busan, on the ground that he was under the influence of alcohol.

2. The Defendant conspiredd with male (suspension of indictment on the same day) on the name of the victim of obstruction of performance of official duties, in collusion with the police officer E belonging to the Western Police Station, at the above time, and at the above place, was arrested as a flagrant offender after witnessing and stopping the Defendant’s property damage and damage scene as above, and attempted to arrest a flagrant offender, the above E’s face was assessed once per week while taking a bath, and assaulted, such as sprinking the breath, and interfered with the police officer’s legitimate performance of duties

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and C;

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Articles 136(1) and 366 of the Criminal Act, and the choice of imprisonment, respectively;

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 (Consideration of the fact that agreement with the victim C is reached, the damage is minor, reflectivity, etc.);

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The case where the degree of violence is insignificant in the area of mitigation (one to eight months), the area of mitigation (one to one month), [Special Mitigation] of the Act on the Performance of Performance of Official Duties] is above six months of imprisonment, one year of suspension of execution, one year of community service, and 80 hours of community service (Consideration of minor damage, agreement with some victims, etc.). It is so decided as per Disposition.