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(영문) 창원지방법원 밀양지원 2019.06.13 2018고단477
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. The Defendant who destroyed and damaged property: (a) around 00:10 on May 5, 2018; and (b) around 00:10 on May 5, 201; and (c) summary

While drinking and drinking in the second place of the week, the glass cup and beer's disease in that place were put on the floor and soften, due to the definite glass wave, the market price was 60,000 won due to the definite glass wave, and the market price was 308,000 won.

Accordingly, the defendant damaged the property owned by the victim D.

2. The Defendant of the obstruction of performance of official duties: around 01:00 on May 5, 2018, the foregoing C summary.

At the second place of the week, the police station Emba, who was sent to the police station, was arrested by the police station Emba, the police station, and the police station, who was arrested by the police station G and moved to the patrol lane due to the suspicion of property damage and damage by the police station G, and who was assaulted by G’s her her tock at one time at his her beam.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police officer's statement about D and G;

1. Written estimate;

1. Application of Acts and subordinate statutes to report internal death (Attachment of field photographs);

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

(a) First Crimes (Determination of Punishment of Obstruction of Performance of Official Duties). Obstruction of Performance of Official Duties (No. 1)/Compulsory / [Scope of Recommendation and Recommendation] Basic Field, 6 months to 6 months of imprisonment

B. Group 2 (Determination of Punishment) Crimes (Destruction of Property): Damage [Type 1] Damage to Property, etc. (Special Punishment) (Special Punishments): Efforts to recover damage resulting from failure to punish.

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