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(영문) 부산지방법원 2015.06.24 2015고단2160
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 1, 2015, the Defendant: (a) around 03:30, in front of the “Ccafeteria” located in the Geum-gu, Busan Metropolitan City, the Defendant: (b) received 112 reports that the Defendant was frighting along the streets; and (c) 5 police officers, other than the slope E, belonging to the Geum-gu Police Station D District, called the Defendant; (d) “I will be frighting to fright the internal and secondary criminal offenders; (e) I will be fright to fright him to fright him; and (e) will be frighted to fright to fright him; and (e) would interfere with the lawful performance of duties concerning the performance of duties regarding E 112 reporting duties, a police officer, by breaking the fright-gu’s frightth.

2. The Defendant damaged public goods at the same time and place, such as Paragraph 1, and caused 206,512 parts of the left back side of the patrol vehicle in the said district to be taken off on several occasions, thereby damaging things used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Photographs;

1. Written estimate of general repair expenses;

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

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of imprisonment for the crime;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the scope of recommending punishment) of the suspended sentence;

1. Crimes of obstruction of performance of official duties: From six months to one year and four months (the basic area of the obstruction of performance of official duties (the coercion of official duties));

2. Crimes of damaging goods for public use: From six months to one year and six months (the basic area for the invalidation and destruction of goods for public use).

3. Handling multiple crimes: Consideration of six months to two years (decision on a sentence of punishment] that the defendant was aware of the time to commit a crime and took into account the fact that he/she did not have any other criminal records, except for the obstruction of performance of official duties, the degree of damage to public goods, and one time a fine due to the crime of injury.

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