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(영문) 창원지방법원마산지원 2020.12.01 2020고단957
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. On June 29, 2020, the Defendant: (a) at the entrance of the building in the Haan-gun, Gyeongnam-gun, Gyeongnam-gun, the Defendant: (b) took a bath to the victim C (Nam, 58 years of age) who follows Defendant, without any particular reason; (c) took a bath to the “Woo kis in the one hand,” and then, damaged a mountain, the market price of which is equivalent to KRW 15,00,000, which is the victim’s market price owned by drinking.

2. The Defendant, at the time, at the same time, at the same place as the above Paragraph 1 above, destroyed a mountain, and thereafter, the victim’s “Wook,” “Wook, Masan, Masan, Masan, Masan, Masan, which was turned off by the party, was hicked once by the victim, after hearing the horses, and making a statement of the victim’s h

3. On the same day, at around 22:30 on the same place as the above Paragraph (1) and 112 on the same day, the Defendant was informed of the police officer E (Nam, 50 years old) belonging to the Haan Police Station D District Unit of the Haan Police Station, who was dispatched to the site after receiving 112 reports, and the Defendant expressed that the above E “this son is a fluor, fluor, fluor, fluor, and fluor, fluor, fluor,” and carried out the bath that “

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Investigation report (Attachment of cellphone images);

1. Application of Acts and subordinate statutes to investigation reports (market price verification of damaged goods);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 260 (1) 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;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes for the sake of the largest punishment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

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

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties).

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