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(영문) 창원지방법원 거창지원 2016.11.02 2016고단367
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 August 18, 2016, at around 20:30 on August 18, 2016, the Defendant damaged public goods by destroying the Defendant’s glass (104 cm in diameter, 5 mcm in thickness) that was 151,250 won at the bottom of the police box, on the ground that the Defendant’s probial D was under the influence of drinking, but was not considered by the police officer on the ground that the Defendant’s probial D was under the influence of drinking.

2. The Defendant engaged in obstruction of performance of official duties, at the time and place mentioned in the above Paragraph 1, and assaulted by putting and salping the e-bropis of E during the process of spreading the Defendant who salping the disturbance.

Accordingly, the defendant interfered with the maintenance of police officers' order and the control of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Relevant Article 141(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 for the crime;

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 on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant does not have any previous record of the previous record and the suspended execution or any previous record of the suspended execution, and bears

1. Social service order under Article 62-2 of the Criminal Act (Orders to provide community service in order to prevent recidivism of the accused and to provide the accused with an opportunity of reflectiveness);

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