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(영문) 창원지방법원 2016.06.23 2016고단1133
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On April 4, 2016, at around 19:20, the Defendant destroyed property by gathering things equivalent to KRW 1,00,300,000, which was placed in his mother C’s house and was in his mother C’s house and was in his mother C’s house to provide false information from the marriage information company at around 19:20,00, around 19:20, and around 20,000, at around 20, the Defendant destroyed property by gathering them on the floor of the floor equivalent to KRW 1,50,000, which was placed in his mother C’s house.

2. On April 5, 2016, the Defendant: (a) obstructed the performance of official duties in front of the E cafeteria located in Kimhae-si, Kimhae-si; (b) prevented the Defendant, without any particular reason, who was assaulted by the merchants engaging in funeral services on the street and received a report, from G police officers belonging to the F those who called out after receiving a report, from him/her; and (c) prevents the Defendant from participating in a disturbance; and (d) whether he/she was given a visit to the F Z, who called “

"At the same time, the right side of G was 2 times to the right side of G, and the right side of G was tightly pushed down two times to the right side, and it interfered with the police officer's legitimate performance of official duties in relation to reporting processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, H, and G;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, crimes 1 (Interference with the performance of official duties) [the scope of recommending punishment] in the mitigation area (one month to six months) of the basic area (one year to four months) (the special sentencing person) [the scope of recommending punishment] of the mitigation area (one month to six months) of the mitigation area (one month, property damage, etc.] of the mitigation area (one to six months) of the general standard (one month) of the mitigation area (one to six months) of the mitigation area (including a special mitigation person] of the punishment exemption area (including a serious effort to recover damage).

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