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(영문) 창원지방법원 마산지원 2018.09.07 2018고단147
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 5, 2017, the Defendant, at around 00:50 on October 5, 2017, abused F’s 112 to the police officers belonging to the Haban Police Station Ear-gu, Haban Police Station, where he was called for the scene of the accident after having received a report that the Defendant avoided the disturbance without paying the drinking value on the first floor of the building D, Haban-gun, Haban-gun, and was under understanding the circumstances of the accident. In doing so, the Defendant assaulted F of F, who was her hand, such as “Ig Hab Hab Ha, Hab Hab Hawk Hab Hawk”, by talking F of F

As a result, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

2. On November 8, 2017, at around 04:00, the Defendant damaged the said vehicle to take the 4,127,571 won of the repair cost, such as a prompt exchange of the said vehicle, on the right door, front glass, etc., owned by the victim H(31) who was parked in the area without any justifiable reason, under the influence of alcohol.

3. In the date, time, place, and place set forth in paragraph 2, the injured Defendant committed the above act by the Defendant, i.e., the victim H, who was in the above action of the Defendant, was faced with the victim’s face by pushing the victim’s neck and being faced with the victim’s face due to the victim’s head, thereby impairing the victim’s character requiring treatment for about 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, J, and H;

1. A written statement prepared by J and K;

1. Each report on investigation;

1. Application of medical certificates, estimates, and receipt-related Acts and subordinate statutes;

1. Relevant Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of injuring an injury), Article 366 of the Criminal Act (the point of destroying an asset) and the choice of imprisonment with prison labor for the crime;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in consideration of the following circumstances, Defendant’s age, motive and consequence of the crime, and the circumstances after the crime;

(b)bed;

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