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(영문) 부산지방법원 2017.11.13 2017고단4511
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 11, 2017, at around 23:55, the Defendant damaged property, at “D Singing practice hall” operated by the victim C in Busan, Busan, the Defendant: (a) was doubtful between the victim and the Defendant’s former male and female job offers E; and (b) was frying a glass table, the market price of which is equivalent to KRW 100,000,000 in the market price of the Plaintiff and the Defendant’s former male and female job offers.

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

2. The Defendant, at the same time, at the same place as paragraph 1, 1, intending to go to the above C while driving the pedal as above, and intending to go to the said C, and took a bath to “C h. h. h. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. h. f. h. f. h. f. h. f. h. f. h. f. h. f. h. f. h.

Accordingly, the defendant has fulfilled his/her legitimate duties in relation to the prevention, suppression, and investigation of police officers G and H crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. H:

G. Application of the law of each police statement protocol to C

1. Relevant Article 366 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

2. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty).

3. Selection of each sentence of imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Article 62 (1) of the Criminal Act on the stay of execution (including any fact that there is no criminal history and any reflective fact);

6. The community service order under Article 62-2 of the Criminal Act;

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