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(영문) 수원지방법원 2014.10.10 2014고단4648
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On August 27, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage, etc.) was under the influence of alcohol on August 27, 2014, and was under the influence of panty only in Suwon-si, Suwon-si, “D” located in Suwon-si,” and was parked by the victim E-owned Furged, thereby getting off to be a beer who is an object dangerous to the left side of the vehicle, and thereby getting off the repair cost of KRW 781,00,000.

2. At around 02:55 on August 27, 2014, the Defendant: (a) was arrested and being investigated as a flagrant offender for the same reason as paragraph (a) in Suwon-si G, Suwon-si, Suwon-si, the Defendant was unable to avoid disturbance, such as: (b) the Defendant was arrested in a flagrant offender for the same reason as Paragraph (a); (c) the Defendant was able to avoid disturbance, such as: (d) the flachie, the opening, the flachie, the flachie; (d) the flachie; and (e) the flachie, the flab will die; and (e) the flab, the s

Accordingly, the police officer I called "I only sit", and the defendant took one time as his hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in criminal investigation affairs due to violence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. Written statements prepared by the J;

1. Written estimate;

1. Application of Acts and subordinate statutes concerning photographic images;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 366 of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the punishment of crimes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture [the scope of recommendations (the part concerning the obstruction of performance of official duties)] and the basic area (6 months to 1 year and 4 months) of the obstruction of performance of official duties (the handling of multiple crimes] has not been set the sentencing guidelines for not less than six months.

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