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(영문) 춘천지방법원 강릉지원 2013.12.05 2013고단731
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 September 27, 2013, the Defendant damaged the property at the “F” entertainment tavern operated by the victim E on the first floor of the D market located in C at Sam-si on September 27, 2013, the Defendant: (a) 50,000 won in cash by holding the victim 50,000 won in cash; (b) was denied by the victim; and (c) was rejected by the victim; and (d) was de factoed by the victim, the Defendant damaged the property that would amount to KRW 800,000 in repair cost by breaking TV.

2. The Defendant of the obstruction of performance of official duties: (a) the date and time as indicated in paragraph (1) of this Article; and (b) the victim’s slope victim H, who was dispatched to the site after having received a report that the customer scam a disturbance at the place, listened to the details of the report and the facts of damage against the reporter; (c) the victim threatened the reporter that “I am spher, sphere, sphere, sphere, sphere, sphere, sphere, and sphere for six months; and (d) during the process of arresting the victim as a flagrant offender causing property

The Defendant, who was compelled to go to the G District District Office of the Samgn Police Station G District Office in Samgl-si, sent the victim with a large voice, “I will not leave the prison and leave the prison, will not kill his or her dead family, and make him or her not to work again as a police official,” and assaulted the victim by walking the victim’s bucks.

Accordingly, the defendant interfered with the handling of the police officer's reports and the lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, E, and J;

1. Photographs related to the case;

1. Application of Acts and subordinate statutes to written agreements and estimates;

1. Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of causing damage to property, the choice of imprisonment), and Article 136 (1) of the Criminal Act;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is more severe;

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