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(영문) 창원지방법원 2019.03.28 2018고단3266
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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. At around 15:00 on August 27, 2018, the Defendant discovered that the Defendant 112 was on board the police officer for the patrol team, who was called the “C clothes repair house” located in Kimhae-si B, the Defendant: (a) discovered that the Defendant was on board the patrol team; and (b) took a bath to “this rings, spacks, spacks, spacks, spacks, and spacks, spacks, spacks, spacks, and spacks, which are dangerous things before the said clothes repair house (a.e., 50 cm, 100 cm, spacks, spacks, spacks, and spacks, which are all dangerous things in front of the said clothes repair house.”

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. The Defendant damaged public goods at the time, place, and with plastic brooms and steel cover signboards as stated in paragraph 1, and destroyed the patrol car, the chief snicker, the chief snicker, and the senior snicker, etc.

Accordingly, the defendant damaged patrol cars used by public offices.

3. The Defendant damaged the property by putting iron standing signboards equivalent to KRW 50,000 at the market price owned by the victim F, such as the date, place, and description in paragraph 1.

Accordingly, the defendant damaged another person's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and E;

1. Application of the statutes governing damaged goods photographs and video CDs;

1. Relevant statutory provisions concerning criminal facts, Articles 144(1) and 136(1) of the Criminal Act (the point of obstructing performance of official duties by carrying dangerous articles), Article 141(1) of the Criminal Act, Article 366 of the Criminal Act, the choice of imprisonment for a 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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is 1.

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