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(영문) 창원지방법원 마산지원 2017.09.19 2017고단774
공무집행방해등
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

1. On July 10, 2017, the Defendant interfered with the performance of official duties does not pay any charge to the Defendant using a taxi in the front corridor of the 305-Gu Masan-si apartment B, Changwon-si, Changwon-si around 13:40.

“The person who received the report of 112 and sent the report was asked by the police officer D to ask questions about the circumstances of the instant case from the police officer D belonging to the Masan Police Station C police box of Masan Eastern Police Station: “The person who was sent was able to ask him about the instant case,” and he expressed his bath to “the person who was spawned the spath of the said D with his left hand, and spawn at one time with his left hand.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

2. The Defendant: (a) removed a portable non-electric antenna equivalent to KRW 7,700 at the market price attached to D as he was removed from D by police officers on the same ground as the date and time set forth in paragraph 1 at the place described in paragraph 1; and (b) removed the same.

Accordingly, the defendant has harmed the utility of goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

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 (see, e.g., the fact that the crime of this case is recognized and that there is no record of punishment for the same kind of force);

1. The community service order under Article 62-2 of the Criminal Act;

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