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(영문) 창원지방법원 2014.10.17 2014고단1695
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On May 24, 2014, the Defendant: (a) around 21:45, 2014, around 21:45, the victim D operated by Kimhae-si Kim Jong-si; (b) caused the steel structure to display a tent for the sunlight of the sunlight; and (c) damaged the repair cost by going up to the Heart operated by the victim G on the street before the “F convenience store”; and (d) damaged the repair cost to the extent of KRW 402,881; (c) confirmed the circumstances of the case at the I Zone of the Kimhae-si Police Station of the Kimhae-si Police Station, which was called upon upon receiving a report, and obstructed the police officer’s legitimate performance of public duties on the maintenance of public order by making it possible for the above police officer to intervene at once.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police made to D, G and J;

1. Application of Acts and subordinate statutes to a criminal investigation report;

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

1. From among concurrent offenders, assaulting a police officer called out after receiving a report of 112 reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be determined by taking into account all the factors such as the fact that the rule of law is denied, that the degree of assault against a police officer of a defendant is not less exceptionally denied, that the defendant has criminal records of punishment for violent crimes, that the defendant has agreed with the victims, and that the defendant has agreed with the victims, and that the circumstances of each of the instant crimes are subject to sentencing.

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