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(영문) 수원지방법원 2014.07.16 2014고단2120
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 March 29, 2014, the Defendant: (a) around 07:50 on March 29, 2014, the Defendant: (b) was raising a disturbance, such as launching the entrance door, etc., around 204, 608, Jindong-gu, Young-gu B apartment 204, and 608; (c) who received a report and received a request from D, a police official belonging to the Yongsan-dong Police Station C District of the Yongsan-gu, Police Station C District, and received a request from D, the Defendant “

Accordingly, D could not enter the defendant without blocking the entrance of the defendant, and he sawd from the defendant's wife and took clothes from the defendant's wife and laid off the defendant's front, the defendant and the defendant laid down his clothes on the face of D and took off the right shoulder part of D with drinking.

In this way, the defendant interfered with the legitimate execution of duties of public officials.

2. The Defendant damaged public goods: (a) at the time and place above; (b) E, dispatched with D, prevented him from doing the above act; (c) caused E’s loss using a mobile phone inquiry device; and (d) caused the said inquiry device to fall on the floor; and (c) caused the amount of the equipment to be reduced to demand repair cost of KRW 8,000,000.

In this way, the defendant damaged the articles used by public offices.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Each photograph;

1. Application of Acts and subordinate statutes to police investigation reports (Evidence List 5, 8);

1. The point of obstructing the performance of official duties by relevant legal provisions on criminal facts: Article 136 (1) of the Criminal Act concerning damage to public goods: Article 141 (1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Punishment] : Type 1 of the destruction of public goods of the category 1 of the obstruction of performance of official duties by the military criminal group of the obstruction of performance of official duties [territory and scope of recommendations] - Basic area: the crime of damaging public goods from six months to four months of imprisonment - Basic area: Imprisonment with prison labor from six months to one year and six months.

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