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(영문) 창원지방법원 2014.12.09 2014고단2479

공무집행방해등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On May 31, 2014, at around 01:00, the Defendant damaged the victim’s market value by putting the glass door door door door door door door door door door door door door door door door door door door in D practice room operated by the victim C in the third floor of Kimhae-si, Kim Jong-si, and exceeding the knicker’s micro storage unit and micro charging unit, thereby damaging the victim’s property.

2. From around 00:50 on May 31, 2014 to around 01:20 on the same day, the Defendant interfered with the operation of the victim C’s singing practice room by force for about 30 minutes by allowing customers of the four teams who singing in the singing practice room to receive reimbursement of the costs of singing at the singing practice room.

3. On May 31, 2014, the Defendant interfered with the performance of official duties by assaulting the police officer on the following grounds: (a) around 01:45, the Defendant committed an assault: (b) around 01:12 of the instant D K K K KK and traveling on the spot, and (c) obstructed the police officer’s legitimate performance of duties concerning the handling of the 112 reported report case, by assaulting the F K KKF on one occasion on the left side of his/her request for presentation of personal information from the light f.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes to a report on investigation (as to attachment of photographs);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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. Reasons for sentencing of Article 62-2(1) of the Social Service Order Criminal Act [the scope of recommendation] The basic area of obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (6-1-4 months) (the decision of sentence] obstruction of performance of official duties and damage of property.