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(영문) 창원지방법원 2016.09.08 2016고단519
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Defendant causing property damage, as a person who had a relationship with the Victim C (Inn, 65 years of age) and was under the influence of alcohol on March 11, 2016, around 02:50, Kimhae-si D apartment Nadong 207, the Defendant destroyed the property of the victim by making it difficult for the victim to take advantage of the victim’s house in front of the victim’s house on the ground that the victim does not have any her own, and making the victim take a bath, such as “Epex, typin, dead, and opening a door,” and making the present door clear from the bottom of the front door of several times.

2. At around 03:15 on the same day of the obstruction of performance of official duties, the police officer of the Kimhae Police Station E District of the Kimhae Police Station, who was called out to the above place after receiving the report of the above case, was unable to keep the Defendant in a brush and avoid disturbance despite the removal of the brush, and the Defendant’s defect in order that F would arrest the Defendant as a flagrant offender in the crime of causing property damage and injury to the Defendant, who was said to have taken off the brush, who was suffering from the f while carrying the f’s chest at the same time, and f’s chest with the f’s chest by cutting off the f’s chest at one time and f

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of the photographic Acts and subordinate statutes;

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

1. Selection of each sentence 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the fact that the victim has agreed with the victim of the crime of destroying

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