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(영문) 부산지방법원 2018.11.29 2018고단4228
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 August 25, 2018, at around 00:00, the Defendant destroyed a 800,000 square meters of the market price at a “D” singing room operated by the victim C in Busan, Jin-gu, Busan, without any justifiable reason, by cutting off the table, and then cutting off the market in favor of the market price at the bottom.

Accordingly, the defendant damaged another person's property.

2. On August 25, 2018, around 02:06, the Defendant: (a) obstructed the performance of official duties; (b) committed assault against the Defendant, who was arrested as a flagrant offender due to the crime described in the above paragraph (1), around the second floor of the Busan Police Station, the Busan Police Station, located in Busan, about 111:06, on the part of Busan, on August 25, 2018, in order to hand over the Defendant who was arrested as a flagrant offender due to the crime described in the above paragraph (1) to a prison, and (c) committed assault against the Defendant, by hand, on the part of the Defendant, who was sealed the chest part of the said

Accordingly, the defendant interfered with the legitimate execution of police officers' duties related to arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol against C and E;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136(1)0 of the Criminal Act - Article 366 of the same Act concerning the crime;

1. Selection of each sentence of imprisonment;

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;

1. Part 1 Crimes (Interference with the performance of official duties) of Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care, Custody, etc. Act (which means that the defendant has a habit of drinking alcohol, and as a result, committed the instant crime in light of the content of the instant crime and the history of the crime, etc., and that there is a risk of recidivism in light of the crime in question and the record of the crime in question, and that it is necessary to receive hospital treatment in society with respect to the habitive walls, etc. that drinking alcohol, etc.) on the grounds for sentencing / [the scope of recommended punishment] of the basic area (the scope of punishment / [the scope of interference with the performance of official duties / from June to June] of the basic area (no person subject to special sentencing] [the scope of punishment / [the scope of recommendation] of Article 2 of the Act.

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