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(영문) 부산지방법원 동부지원 2013.09.25 2013고단2464
공무집행방해등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 12, 2013, the Defendant: (a) around 21:20 on August 12, 2013, 2013, the Defendant: (b) around 344-9, the captain: (c) was under the influence of alcohol, and (d) 5 automobiles of the Victim C driving, which were passing through the said place without any justifiable reason, destroyed the said automobiles owned by the victim to be repaired to KRW 781,00,00 for repair costs, such as a prior exchange of glass.

2. At around 21:30 on the same day, the Defendant: (a) committed an act of obstruction of performance of official duties at the same place; (b) at the same time, the Defendant destroyed the vehicle as above; and (c) when the slope F belonging to the plane police station E-district of the plane police station called the Defendant, who was called out after receiving a report that the Defendant gets the driver to fright, he saw the Defendant at once; (d) he saw the Defendant’s face part of G with his hand slick in order to prevent the Defendant from running continuously; and (e) booms the above police officers at E-district in Busan, which was arrested due to the above suspicion of the crime and arrested in the H in Busan, and assaulted the said police officers twice in the face of the F, such as spiting him twice.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies and property.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G;

1. C’s statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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 (including the fact that an agreement was made with the victim of the destruction of property, the defendant was detained for a considerable period of time, and the defendant was not convicted of a fine exceeding the fine, and the mother of the defendant, the president of the defendant's company, and the fluorial body wished

1. Social service order under Article 62-2 of the Criminal Act;

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