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(영문) 창원지방법원 밀양지원 2017.12.28 2017고단556
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 1, 2017, the Defendant interfered with the performance of official duties at D’s singing rooms located in C at Singing Singing Singing Singing Singing Singing Singing Singinging Singing Singing Singinging Singing Singing Singing Singing Singing Singing Singing Singing Singing Sing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singing Singinging Singinging Singinging Singinging Singing Singinging Singing Singinging Singinginginging, who was called by the police officer E and F of the Singing Singing Singing Singing Singinging Singinging Singinging, who

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order.

2. On November 1, 2017, the Defendant who damaged public goods was arrested in flagrant offender under suspicion of interference with the performance of official duties due to the crime as described in the foregoing paragraph (1), and was detained in one room at the detention room of the smuggling Police Station at around 23:55 on November 1, 2017, the Defendant removed clothes from the front door of the market price equivalent to KRW 250,000 at the market price in the detention room, and destroyed the entrance of the detention room.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written estimate;

1. The application of Acts and subordinate statutes on report of internal investigation (absual attachment within a detention room);

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

A. First-Class 1 Crimes [Scope of Recommendation] Crimes (Obstruction of Performance of Official Duties and Compelling of Duties) in the basic sphere (from June to one year and six months) / None of the special sentencing factors (a person who is subject to special sentencing)

B. A type 1 (Invalidity of Public Goods) is the mitigation area (one month to eight months) (special mitigation factors) for the crime No. 2 (the scope of recommendation punishment).

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