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(영문) 창원지방법원 2013.09.11 2013고단1801
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 May 27, 2013, around 20:45, the Defendant: (a) destroyed the damage of property by breaking up the following: (b) at the window B apartment 212 dong 410 dong 410, the Defendant’s residence, the Defendant’s wife of the Defendant (in female, 51 years old) and the Defendant’s fishing vessel’s credit loan guarantee on the Defendant-owned fishing vessel; (c) the Defendant, who was on the storage box of the singing-type cream, in which the Defendant and the victim shared, at the same time, did not extend the guarantee of the Defendant’s credit loan; and (d) the Defendant destroyed the Defendant’s boom 3, greging air, the breging-type 3, the middle 2, 3,000 won

(2) On May 27, 2013, the Defendant committed an assault to E in the process of receiving domestic violence reports at the place under Paragraph (1), stating that “I will see that I will see that I will see that I will see that I will see that I will see that I will see that I see that I will see that I see that I see that I see that I see that I see that I see that I see that I see that I see that I see that I see that I see that I see that I see that I see that I see that I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I

Accordingly, the defendant interfered with legitimate execution of duties by police officers on handling domestic violence reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of the written estimate statutes;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act (see the following reasons for sentencing) is that the nature of the crime of obstruction of the performance of official duties is very poor among the crimes in this case, and the defendant’s criminal records and character and behavior that can be known therefrom.

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