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(영문) 창원지방법원 2015.11.30 2015고단2843
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 September 21, 2015, at around 23:50, the Defendant damaged the victim’s property by drinking in front of the building in Kimhae-si, a brea-type signboard at the market price, which the victim C was set up for business operation, by drinking fluoring it, and by tearing the signboard the car.

2. On September 22, 2015, at around 00:10 on September 2, 2015, the Defendant asked questions about the circumstances leading up to the damage of another person’s property from the Kimhae Police Station D Inspector E, who called out after having received 112 a report for the said reasons, and asked “I am spacks, v. v. spacks, spacks, and spacks,” and sprinked the above E’s working appearance with his hand.

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement to C, F, and E;

1. Each report on investigation;

1. Application of the written estimate statutes;

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. For the reasons for sentencing of Article 62(1) of the Criminal Act on the suspended sentence, Article 62(1) of the Act on the Suspension of Execution, where the extent of the mitigation area (i.e., obstruction of performance of official duties/performance of official duties) (i.e., in January or August) (ii) mitigation area (ii) mitigation area (i.e., damage and damage) (i., January or June), mitigation area (i.e., damage and damage of property), (ii) mitigation area (i.e., special mitigation area) mitigation area (i., in January or June), or considerable damage and damage recovery, the final mitigation scope due to the aggravation of multiple crimes: one month or November (i.e., decision of sentence] and the defendant interfered with the execution of official duties by using violence against police officers dispatched by the defendant without permission under the influence of alcohol and by force.

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