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(영문) 수원지방법원 2015.03.11 2014고단7218
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 27, 2014, around 19:40 on 19:40, the Defendant damaged the said car to cover repair costs of KRW 500,000,00 for the following reasons: (a) the victim D was laid up in the street near C, which is located in and around C, due to the fact that the victim D was not kiding himself on the gambling board; and (b) the victim was set up in a glass window behind E E, which is owned by the victim; and (c) the said car continued to be set up in a direction to oppose the said car driver’s seat.

2. When the Defendant received a report on obstruction of performance of official duties and damage to public goods at the time and place specified in paragraph (1), and received a request for confirmation of facts from the police officer G belonging to the F police box called up to 112, the Defendant left the left part of the said G on one occasion on the floor of his hand. After that, he resisted the defect that the said G et al. arrested the Defendant in the act of committing an act of committing an offense and attempted to take it on the patrol (H) and resisting the said patrol, the Defendant caused damage to the market value on the part of the patrol vehicle.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the dispatch of 112 reported police officers and the maintenance of public order, and damaged objects used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and G

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 141 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the accused, points agreed with the victim D);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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