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(영문) 수원지방법원 평택지원 2013.09.25 2013고단287
공무집행방해등
Text

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

However, 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 February 13, 2013, at around 13:50, the Defendant causing property damage, the victim’s bill of indictment was placed in the victim F, who was parked in the front of the D Child Care Center located in Pyeongtaek-si E, and was parked there. However, according to the record, the owner of the vehicle can recognize the fact that he is the father of H.

The front part of the Gbeo vehicle owned and the front part of the steering house were damaged to be 565,260 won of the repair cost by walking the front part of the Gbeo vehicle and the front door several times due to the drinking and abstin.

2. The Defendant publicly insultingd the victim Lins of the victim, such as “hacker, Chewing typ, police spons,” while hearing the police officer J, Assistant K, H, etc., who was called out after receiving a report at the time, time, and place under paragraph (1).

3. On February 13, 2013, when the Defendant arrested flagrant offenders by slope K and transferred them to the criminal department of Pyeongtaek-gu Police Station, the Defendant obstructed the police officer’s legitimate execution of duties regarding the personal arrest, by assaulting the police officer, such as the police officer’s buckbucks, suckbucks, and sweeting three times the left side of L, from the criminal department of Pyeongtaek-gu Police Station 619 Pyeongtaek-dong, Pyeongtaek-dong, Pyeongtaek-dong, 619.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness, L, K and H;

1. Partial statement of witness E;

1. Application of written estimates or photographs of damaged vehicles;

1. Relevant Article 136(1) of the Criminal Act, the choice of punishment for the crime, Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 31 of the Criminal Act, Article 311 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. Article 62 (1) of the Criminal Act;

1. The crime of this case in the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is a case where the defendant damaged the victim H's vehicle, insult and assaulted L, K in the performance of official duties, and its nature is not good, and obstruction of the performance of official duties by the evidence of the judgment.

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