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(영문) 부산지방법원 2019.08.13 2019고단1976
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 April 24, 2019, the Defendant: (a) around 01:40 on April 24, 2019, caused damage to property by cutting down the chemical value equivalent to KRW 50,000 at the market value of the victim C, which was placed in front of the door, on the ground that the victim C had no response to the operation of the victim C, and caused the damage to its utility; and (b) subsequently, the victim C, who was faced by the victim C, was faced with a singing practice room in the victim E’s operation of the victim E, who was in the singing practice room, had the victim E-owned in the singing practice room, 1,20,000 won at the victim’s market value equivalent to KRW 80,000,000,000,000,000,000,000,000,000,000 won.

Accordingly, the defendant damaged the property owned by the victims.

2. On April 24, 2019, at around 02:00, the Defendant refused to answer the question of personal information from the police officer belonging to the H district of the Busanananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananananannanannannannananannanannanannannannan

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, E, and I;

1. Application of the written estimate statutes;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1) and the basic area where there is no obstruction of the performance of official duties or coercion of official duties (special person) (the scope of recommending area and recommendation).

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