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(영문) 창원지방법원 2017.01.19 2016고단3486
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 18, 2016, around 02:55, the Defendant obstructed the performance of official duties, and around 02:55, the Defendant: (a) sent a singing together with his/her friendship in the “C Singing shop” located on the second floor of Kimhae-si, Kim Jong-si; and (b) carried out a singing with his/her friendship for a reason that he/she was dead with others.

Accordingly, the police officer of the Kimhae-Jon Police Station D, who was called up after the 112 report that the fighting was fighting, carried the defendant, and removed him, and "n't pushed the above E with the hand hand, while being called the "n't".

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. The Defendant who damaged public goods was arrested as a flagrant offender that interfered with the performance of official duties for the foregoing reason, and the F officer affiliated with the same police officer was carrying the Defendant on the patrol vehicle, and whether “B is dwarf,”

The sound, "dwarf," which is a thing used by public offices that had been parked near the facility, was cut off in two arms, and the repair cost of G patrol car 209,000 won was broken down.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of written estimates for repair and photographs Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act, Articles 136(1) (the point of obstructing the performance of official duties) and 141(1) (the point of damaging goods for public use) of the Criminal Act, 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 suspended execution (the confession and reflect of the defendant, the fact that the defendant has repaid damage caused by damage to public goods, the defendant has no record of punishment other than punishment of a fine once due to assault and assault, the circumstances of the crime of this case, the age of the defendant, sexual behavior, environment, etc.);

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