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(영문) 춘천지방법원 2018.04.25 2018고단176
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 13, 2018, at around 01:40, the Defendant damaged property, on the ground that the victim C had been able to bruptly due to noise between floors, around 509 Dong-dong 404 around Ycheon-si, Ycheon-si, B apartment house No. 509-dong 404 around the same day from the above day to 02:17 on the same day, the Defendant got off the entrance door of the above apartment house from the above day to 10.40,000 won of the repair cost.

2. Around February 13, 2018, the Defendant interfered with the performance of official duties and the Defendant injured the Defendant at around 02:41, Cheongcheon-si, Chuncheon, B, 509, and 504, the Defendant: (a) opened the entrance door for the first class E police officers of the Chuncheon Police Station D District Unit E, Chuncheon Police Station, who called out after receiving a report to avoid disturbance due to noise between the floors; and (b) took a bath for “the death of spacks” and “the death of spacks,” and the said police officers prevented the Defendant; (c) by walking the face of the above police officers, the said police officers interfered with the police officers’ legitimate performance of duties concerning the prevention of crimes, and at the same time interfered with the police officers’ duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs of victims (referring to cases concerning on-site conditions and damage situations), investigation reports (referring to on-site conditions and damage situations), diagnosis certificates, photographs of damage to property, written estimates (referring to 14, 15, 17) to each time;

1. Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on the crimes of interference with the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of more serious injury);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is under the influence of the victim's house that the defendant raised due to noise between floors.

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