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(영문) 창원지방법원 통영지원 2016.03.30 2016고단70
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a resident of C Apartment 102 Dong Dong, 12, and the victim D(M, 53 years old) is a resident of the same 13th floor, and the police officer who was dispatched after receiving a report on the disturbance of a pedal.

1. 재물 손괴 피고인은 2015. 12. 26. 00:40 경 C 아파트 102동 13 층 피해자의 주거지에 층 간 소음 문제로 술을 마시고 찾아가 피해자에게 “ 야 씨 팔 년, 개 같은 년 아, 칼로 쑤셔 삔다.

A promptly opening door.

“,” etc., laid down the entrance door of the above residence, laid down the door door, laid down the door door, laid down the door door, and damaged 180,000 won of the repair cost at the door lock locked of the entrance.

2. On December 27, 2015, at around 01:20, the Defendant: (a) was asked to ask questions on the reasons why he/she was in a disturbance of his/her happiness from F in the circumstances surrounding the Dong-gu Police Station E-gu Police Station, sent out after having received 112 reports from C Apartment 102, 12, 12, and 112; and (b) took a bath to D; (c) was prevented from F; and (d) was controlled by F; and (e) was urged from F; and (e) the Defendant: (a) died;

While taking a bath, etc., the police officer's legitimate execution of duties on the prevention, suppression, and investigation of crime was obstructed by assaulting the F's right-hand buck by the left hand by assaulting the F's right-hand hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Receipts:

1. Application of Acts and subordinate statutes to each investigation report (a written estimate and field photograph);

1. Relevant provisions of the Criminal Act, Articles 136(1) and 366 of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for the 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The second crime (damage) of which the basic area (from June to one year and four months) (any person subject to special sentencing) is nonexistent in the scope of the recommended punishment according to the sentencing guidelines for the sentencing guidelines for the first crime (Interference with the execution of official duties) [the scope of the recommended punishment]. The general standards for the second crime (damage) of which there is no basic area (any person subject to special sentencing for the six months to one year).

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