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(영문) 창원지방법원 통영지원 2017.03.30 2016고단2068
공무집행방해
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant B’s property damage around July 27, 2016, around 18:12, 2016, on the road of “F Hanwon,” located in Chungcheongnam-gun, Chungcheongnam-gun, the victim G, who parked in that place, caused a defect in the victim G while enjoying a shock on the part of the main set of the HWW, the Hacoo-gun’s car parked in that area, thereby damaging the victim’s vehicle to have approximately KRW 400,000 per repair cost.

2. The Defendant interfered with Defendant A’s performance of official duties at around 18:30 on the same day, and on the ground that the police officer affiliated with the IB, who received a report of violence, takes a bath to the victim and boomed Defendant A, the Defendant was at one time at the back of the JJ’s back head, on the ground that he was the victim and boomed by the JJ.

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

3. Defendant B’s interference with the performance of official duties at the time and place specified in the foregoing paragraph 2, and on the ground that K’s failure to arrest Defendant B, who was the Defendant’s first pedagoe, to arrest Defendant B, who was the Defendant’s first pedagoe, on the ground of the foregoing paragraph 2.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Each police statement made to L, G, J, or K;

1. An investigation report (including photographs by cutting down a victim's vehicle boom, F ctv, I earth boom ctv, I earth bream booming a screen - brack bracks, CCTV fracks and CCTV fracks);

1. Investigation report (Attachment of photographs of damaged vehicles - including photographs of damaged vehicles);

1. Application of Acts and subordinate statutes to an investigation report (attached estimates for repair of damaged vehicles - Written estimates);

1. Relevant Article of the Criminal Act and Article 136(1) of the Criminal Act (elective of imprisonment): Defendant B: Article 136(1) of the Criminal Act (Interference with the performance of official duties) and Article 366 of the Criminal Act, Article 366 of the Criminal Act and the choice of imprisonment, respectively;

1. Defendant B who aggravated concurrent crimes: Article 37 of the Criminal Act.

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