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(영문) 창원지방법원 통영지원 2016.09.23 2016고단1031
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant interfered with the performance of official duties: (a) the Defendant: (b) the Defendant: (c) the Defendant: (a) was a policeman affiliated with the D District Unit of the G District in the G District in the G District in the 19:40 on July 13, 2016, who was sent after receiving a report from 112 on the 112, such as cutting off the entrance of the said convenience store, without any particular reason, at C convenience stores located in B

There is no defect, i.e., h., h., h., g., h., h. to make the Defendant correct and correct.

“The mobile phone in possession of “” was collected towards E, and intending to capture the firearms in possession of E, and 2-3 smuggling of E’s chest.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

2. 공용 물건 손상 피고인은 제 1 항 기재와 같이 직무집행 중인 경찰관을 폭행한 사실로 현행범인 체포되어 E와 같은 지구대 소속 순경 F이 피고인을 순찰차량에 태우려고 하자, 탑승을 거부하며 자신의 우측 어깨 및 발로 위 순찰차량의 조수석 뒤쪽 썬 바이저를 쳐 깨뜨리고, 계속해서 발로 조수석 뒤쪽 문짝을 2~3 회 가량 걷어찼다.

Accordingly, the defendant damaged patrol vehicles, which are goods used by public offices, for repair costs of 77,00 won, such as Sshacker replacement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of G and H;

1. Each report on investigation;

1. Application of statutes on the photograph of the case

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each crime;

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 stay of execution ( Taking into account factors of sentencing favorable to the following reasons):

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

1. The scope of the recommended punishment according to the sentencing criteria shall interfere with the execution of official duties;

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