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(영문) 창원지방법원 진주지원 2020.01.09 2019고단1350
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 00:20 on May 21, 2019, the Defendant: (a) heard that the victim C would not sell alcohol from the victim in Sacheon-si “D Need Bank” operated by the victim C; and (b) took a dangerous object at the location, a sports engine, which was a dangerous object at the location, toward the employees’ break-out glass, and broken down the market price of KRW 30,000 won.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. At around 00:45 on May 21, 2019, the Defendant: (a) expressed in the same place as stipulated in paragraph (1) and at the same time, that he was asked to refrain from doing his behavior and to inform his personal information from the slopeF belonging to the Sacheon Police Station E district unit of the Sacheon Police Station, which called “I ambi son. I ambi son. I will be asked. I ambi son. I am the said F’s chest and assaulted him twice in drinking.”

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol against C, G, and F;

1. Application of Acts and subordinate statutes to the field and photographs of damage, 112 reported case handling table, and written estimate;

1. Relevant Articles 369(1), 366 of the Criminal Act and Article 136(1) of the Criminal Act (the point of causing damage to special property, the choice of imprisonment), and Article 136(1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment);

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

B. Crimes No. 2 (Special Destruction and Damage of Property) (Determination of Punishment). Cumulative Crime and Special Destruction and Damage (Types No. 1).

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