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(영문) 창원지방법원 2015.06.10 2015고단229

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

except that 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. On November 1, 2015, the Defendant damaged the victim C’s property damage by sounding the advertising balloon amounting to KRW 300,000,00,000 at the market price set up on the ground by the victim C, who operates the said business, in front of the E-way located in Chang-si, Changwon-si, Changwon-si, Seoul.

2. The Defendant suffered property damage to the victim F, while performing the same behavior as the mentioned in paragraph (1) at the time and place, destroyed that the victim F would restrain himself and hand over the advertising balloon on the road; the victim’s clothes amounting to KRW 7.90,000 in the market price by leading the victim’s breath; and the victim’s cell phone in the main money fell into the floor, thereby causing approximately KRW 430,000 in repairing expenses.

3. The Defendant made a public insult of the victim by referring the victim to a large voice, such as “sprinking, sprinking, dead, etc.,” while hearing the victim’s guards, who were the police officers belonging to the Changwon Police Station G District Unit of the Changwon Police Station G District, who was called out after having been reported on the above behavior at the time and place as described in paragraph (1).

4. The Defendant: (a) took a bath as stated in paragraph (1), at the time and place of the performance of official duties; (b) she was asked a policeman, who was a police officer belonging to the same G District, to refrain from taking a bath; and (c) assaulted a policeman, such as her voice, such as “I knife, I knife, I knife, I knife, I knife, and knife I knife.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to the victim C, F, H, and I;

1. Application of the Acts and subordinate statutes to the complaint;

1. The point of destroying and damaging property under relevant legal provisions concerning criminal facts: Article 366 of the Criminal Act: Article 311 of the Criminal Act; Article 136 (1) of the Criminal Act;

1. The former part of Article 37 and Article 38(1) of the Criminal Act to increase concurrent crimes.