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(영문) 부산지방법원 동부지원 2017.06.07 2017고단624
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 26, 2017, the Defendant: (a) around 04:35, the Defendant: (b) was in the Jsing room operated by the victim I on the third floor of the H in Busan, Daegu, and the third floor; (c) was in the influence of alcohol, and the Defendant was in the influence of crying with the glass on the table; (d) the Defendant demanded the monitor’s reimbursement; and (e) the said sing room manager demanded the monitor’s reimbursement, “A known, cut, cut, cut off, cut off, cut off, cut back, and cut back.” At the same time, the Defendant was in the form of musical agreements and glass in total amount of KRW 90,000,000,000 in the market value.

2. The Defendant obstructed the performance of special official duties at the time and place specified in paragraph 1, and at the 112 place, the Maritime Police Station Lane, which received the 112 report and tried to listen to the statement from K, and tried to remove the M’s head by carrying out the said M’s chest by hand, which is a dangerous object on the floor of the said place (150cm in length).

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against K and M;

1. The application of Acts and subordinate statutes to each investigation report, receipts, on-site photographs, singing monitors, and investigative reports (to hear victims' telephone statements);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 144(1) and 136(1) (the point of obstructing the performance of special official duties, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Code of the community service order is destroyed and damaged by the singing room, and carry dangerous articles with the police officers dispatched after receiving a report.

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