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(영문) 창원지방법원 진주지원 2015.08.25 2015고단485
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 18, 2015, the Defendant of the damage to property: (a) expressed a desire to “Efranchisian car owned by the victim D” on the ground that the Efranchis car, which is owned by the victim D, takes many parking spaces in front of the cudio, which is the Defendant’s residence in Jinju City, around 21:20 on April 18, 2015; and (b) destroyed the 2.220,000 won of the repair cost by breaking the flusium, which is a part of the car driver’s seat.

2. On April 18, 2015, the Defendant: (a) received an inquiry of personal information from G, a police officer belonging to the Gyeongnam-gu Police Station F District of the Gyeongnam-gu Police Station, who was dispatched after receiving a report on his/her failure as above, and obstructed the police officer’s legitimate performance of duties concerning the police officer’s report and withdrawal, by assaulting the said G’s title by booming him/her and pushing him/her on his/her hand; and (b) assaulting him/her on his/her hand, such as pushing him/her with the said G’s title and pushed him/her on his/her hand, thereby obstructing the police officer’s legitimate performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning H, I, G, and D;

1. A copy of a motor vehicle damage estimate;

1. Application of the Act and subordinate statutes to a copy of the F District Work Site, such as the site of the case and the photo of the damaged area;

1. Relevant Article 366 of the Criminal Act and Article 366 of the choice of punishment for the crime (the point of causing damage and destruction of property, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties

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;

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

1. The scope of the sentencing guidelines according to the sentencing guidelines [the decision of type], the obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommendations] (the special person who has been subject to the obstruction of performance of official duties] [the result of multiple crimes processing standards]] from June to April of imprisonment, and the crime of obstruction of performance of official duties for which the sentencing guidelines have been set for not less than six months and the crime of destruction of property for which the sentencing guidelines have not been set are concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the sentencing guidelines for the crime

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