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(영문) 부산지방법원 2016.04.28 2015고단7601
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. The Defendant damaged property was living on the first floor of the building owned by D, the head in the Youngdo-gu Busan Metropolitan City C.

On November 4, 2015, the Defendant, at around 22:50, was drunk in the living room of the first floor of the building located in the Busan Young-do, Busan, and without any special reason, destroyed 3 cm in a door-to-door glass window (the width of 30cm) where the market price of the victim D, the head of which was the victim, was the victim, and damaged.

2. On November 4, 2015, the Defendant: (a) at the front of his house located in Busan Youngdo, Busan, on the same ground as paragraph (1) on November 4, 2015, the Defendant resisted the Defendant to arrest the Defendant as a current offender; (b) the Busan Youngdo Police Station Ethical F of the Police Station in Busan, which was called out after receiving a report on 112 for the same reason; (c) the Defendant resisted the Defendant, “I am to have been able to do so, if I am to do so, I am to do so; (d) I am to have the Defendant do so; and (e) the Defendant interfered with the legitimate performance of duties by a police officer on criminal investigation by booming the F above F beyond the floor sealed towards the body of the F and assaulting him.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police statement made with H and D;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Articles 136 (1) and 136 of the Criminal Act, and the choice of imprisonment for a crime;

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 (including the fact that there is no power to be punished heavier than the fine and that the degree of the punishment is contrary to the degree of the fine, the degree of damage caused by each of the crimes in this case, and the agreement with the victim D);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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