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(영문) 창원지방법원 마산지원 2017.04.26 2017고단244
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 8, 2017, at around 03:35, the Defendant: (a) demanded that the Defendant: (b) in the main point for the operation D of the Victim C C, Haguan-gun, Haan-gun; (c) the Defendant: (d) the Defendant: (a) the Defendant: (a) the Defendant: (b) the Defendant: (c) the Defendant: (d) the Plaintiff, who was working outside of the main place; and (d) the Plaintiff, “Irad.; (b) the Defendant,” and (d) the Defendant, at the expense, destroyed the Defendant’s property by gathering one of the fire extinguishers amounting to KRW 13,00,000, the market price of which is the victim

Accordingly, the defendant damaged the victim's property.

2. 공무집행 방해 피고인은 2017. 1. 8. 03:50 경 제 1 항 기재 D 주점에서, 위와 같은 내용의 신고를 받고 출동한 함 안경찰서 E 파출소 소속 경위 F, 경사 G으로부터 화분 등을 파손한 이유에 대한 질문을 받자 “ 개새끼야 니는 뭐야 ”라고 말하면서 양손으로 경위 F의 가슴을 밀치고, 발로 이를 제지하는 경사 G의 왼쪽 다리 부위를 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, F, and G;

1. Written estimate [The defendant is found to have any degree of drinking alcohol at the time of committing the crime of this case, but he/she has lost his/her mental or physical loss or mental and physical weakness;

[No. 3]

Application of Statutes

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence 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. Although the reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing is poor considering favorable circumstances) is not good, the sentence shall be determined as ordered in light of the following: (a) the defendant is against the defendant; and (b) the defendant has agreed smoothly with the victim of the damage to property.

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