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(영문) 창원지방법원 2013.12.04 2013고단3156
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 became final and conclusive.

Reasons

Punishment of the crime

1. On August 26, 2013, at around 20:30 on August 26, 2013, the Defendant damaged property: D’D’ operated by the victim C on the third floor of the Kimhae-si building B; (i) one microphone at the market price of 150,000 won per one room; and (ii) one gas burner at the market price of 40,000 won in the main room; and (iii) one was laid down on the floor; and (iv) a beer with a total sum of 32,00 won in the market price in the front air conditioner.

Accordingly, the defendant damaged the property equivalent to 22,000 won in total of the market price owned by the victim.

2. On August 26, 2013, at the same place as the above Paragraph 1, the Defendant: (a) expressed that, upon receiving a report from C on August 26, 2013, the Defendant: (b) was able to receive plastics used in the corridor to “to die and die”; and (c) assaulted the police officer’s legitimate execution of duties concerning the handling of the 112 reported case by assaulting him, such as drinking and burning the bridge part of slope G slope that confirms the Defendant’s personal information.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. A written statement;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each sentence of imprisonment;

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

5. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the defendant is seriously punished against the defendant in light of the following facts: (a) the defendant damages another's property and assaults the police officers dispatched after receiving a report, thereby obstructing the performance of official duties; and (b) the defendant is against the victim C.

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