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(영문) 창원지방법원 2016.09.28 2016고단2305
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On April 5, 2016, at around 00:20, the Defendant damaged the cryp of the steel cryp of the cryp of the victim C (n, 32 years of age) in the Chang-si-si, Chang-si, the Defendant: (a) laid the steel cryp of the front glass of the Defendant on the ground that the injured party was not in contact with the Defendant; and (b) destroyed one Chapter of the front glass (270,000 won in width and length length, 2 meters in thickness, 0.5 meters in thickness) at the victim’s market price.

2. On April 5, 2016, the Defendant: (a) voluntarily accompanied the police officer, who was a police officer affiliated with the said police box, to investigate the case of the said property damage, etc. at the parking lot before the police box that was held in front of the police box that was conducted by the police officer in charge of the said police box; (b) voluntarily took a look at the details of the property damage, drinking driving, etc.; and (c) voluntarily took a look at the police officer, who was in charge of the said police box, and pushed the E police officer into his hand.

Accordingly, the Defendant arrested the F Assistant belonging to the above police box as a current criminal, such as damage of property, interference with the performance of official duties, etc., and was compelled to go to custody to the police box, and the Defendant resisted the Gaman, who was a police officer belonging to the above police box, one time, and took the face of the victim one time with his hand.

Accordingly, the defendant interfered with legitimate execution of duties of police officers such as handling 112 reports, maintaining public order and arresting flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C, E, and G;

1. Application of the receipt statute

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

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. Crimes 1 for the reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence, which are committed on the grounds of sentencing [the scope of recommendations] under Article 62(1) of the Criminal Act, and Article 62(2) for which there is no basic area (f.g., six months to one year and four months) [the scope of recommendations] [the scope of recommendations] under Article 62(1) of the Act on the Suspension of Execution of Official Duties, and Article 62(1) [the scope of recommendations] under Article 62(1) of the Act on the Suspension of Execution of Official Duties (f.g., one type] under Article 62

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