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(영문) 부산지방법원 2015.12.11 2015고단6735

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

On September 7, 2007, the defendant was issued a summary order of KRW 3 million by the Busan District Court due to the obstruction of performance of official duties.

1. 재물손괴 피고인은 2015. 10. 7. 23:20경 부산 북구 학사로 140에 있는 덕진상뜨레뷰 아파트 앞 노상에서, 아무런 이유 없이 피해자 C에게 “뭘 쳐다보노, 오늘 한판 할래”라고 말하며 대걸레 자루로 피해자가 그 곳에 주차해놓은 D 아반떼 승용차의 앞 유리창과 조수석 사이드미러 부위를 수회 내리치고 발로 조수석 문을 수회 걷어 차 불상의 수리비가 들도록 그 효용을 해하여 손괴하였다.

2. On October 7, 2015, the Defendant used the same place as Paragraph 1, around 23:30 on October 7, 2015, and assaulted twice the left face part of the F in front of the above background by the Defendant, who was sent to the Busan Northern Police Station E District by the Defendant upon receiving a report on the destruction of and damage to a car as referred to in Paragraph 1.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to C and F;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Articles 136(1) and 366 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. For the reasons for sentencing of Article 62-2 of the Criminal Act, the first crime (Obstruction of Performance of Official Duties) for the sentencing of Article 62-2 of the Order to Provide community service and attend lecture, and the second crime (damage and Damage) for which there is no basic area (6 to 1 year and 4 months) [the scope of recommendation] [the scope of punishment] for the mitigation area (1 to 6 months), for the mitigation area (1 to 6 months), for the mitigation area (1 to 1 months), for the mitigation area (including serious efforts for recovery of damage), for the mitigation of punishment (including damage and damage, etc.) or for the recovery of damage.