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(영문) 부산지방법원 서부지원 2018.01.08 2017고단1314
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On July 8, 2017, around 21:00, the Defendant damaged the Defendant’s property to cover KRW 7,996,054 for repair costs, such as making the victim’s E-U.S. car parked on the street, which was parked on the street due to the influence of alcohol in front of the C convenience store located in Busan, Seo-gu B, Busan, and allowing the victim to cover the side surface of the said vehicle on several occasions.

2. Interference with performing public duties;

A. The Defendant, at the same place on the same day at around 21:10 on the same day, abused the police officer who performed the duties of handling the report of 112 vehicles by asking the police officer F of the instant case to the police officer F of the Busan House, who was called up after receiving 112 reports, for the reasons that he would ask the police officer in charge of the duties of handling the report of 112 vehicles.

B. At around 22:20 on the same day, the Defendant assaulted police officers who perform the duties of handling reported cases 112 by spiting F on two occasions in the course of performing duties by avoiding any disturbance between about 40 minutes, such as spiting spits, at the bottom of the 316 Busan Sindo, which is the center of the Singu, Busan, and flying down spits at the bottom of the 40 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. A criminal investigation report (Submission of a quotation), and a criminal investigation report (to be accompanied byCCTV);

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of hindering the performance of official duties and the choice of punishment) (the point of obstructing the performance of official duties and the choice of punishment by imprisonment);

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with punishment prescribed in Article 2-2 (b) of the same Act as the most severe judgment on concurrent crimes);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances required for the reasons for sentencing);

1. Sentencing Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders.

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