beta
(영문) 부산지방법원 2019.01.18 2018고단3764

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. Damage to property;

A. On June 29, 2018, around 00:30, the Defendant damaged the victim B’s wind flag and the parking-prohibited sign by breaking the large-scale wind flag owned by the victim B (hereinafter “B president”) who is the parking lot operator in Busan-gu, Busan-gu (hereinafter “D Hotel”), in his/her hand, at the underground parking lot of “D hotel” located in Busan-gu, Busan-gu (hereinafter “B president”), and damaged the sign of parking-prohibited (around 40,000 won at the market price) by cutting it over to the direction of the vehicle.

Accordingly, the defendant damaged another person's property.

B. The Defendant damaged the victim E’s vehicle, at the above date, at the above time, and at the above place (hereinafter “E”), set a string part of the F vehicle owned by the victim E (hereinafter “E”), so that the string of the strings of the strings of the strings can be

As a result, the defendant damaged another person's property.

2. On June 29, 2018, the Defendant: (a) was arrested as a flagrant offender in the crime of causing property damage in accordance with a 112-report that “the customer in the parking lot is salute, such as the destruction of vehicles” at the above place; and (b) was arrested as a flagrant offender in the crime of causing property damage by a police officer belonging to the Busan Jin Police Station G District G District (hereinafter “H police officer”); (c) committed assaulting the left kne kne on two occasions of walking.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties related to the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of the president, E, and statement of the police officer in charge of the H;

1. Application of the Acts and subordinate statutes governing a report of investigation (number 4, 6), each photograph/cinematographic output (including closed-circuit television and video images), and a written confirmation of property principal;

1. Relevant Articles of the Criminal Act and Articles 136 (1) and 366 of the Criminal Act concerning the crime;

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;

1. The first offense for sentencing of Article 62-2 of the Criminal Code of Probation and Social Service Order (Obstruction of Performance of Official Duties) (Scope of Recommendation) shall be the same as that of the obstruction of performance of official duties.