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(영문) 부산지방법원 동부지원 2014.12.17 2014고단1938
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 of the final judgment.

Reasons

Punishment of the crime

1. On September 7, 2014, the Defendant damaged property: (a) around 23:25, 2014, at the D restaurant operated by the injured party C in Busan Southern-gu, the Defendant saw alcoholic beverages into the said restaurant under the influence of drinking; (b) collected the windows by carrying the chairs inside the restaurant; and (c) collected the boxes and chairs outside the restaurant and parked there; and (d) carried the Eone Star vehicles owned by the injured party, which were parked there.

As a result, the Defendant destroyed one window of approximately KRW 25,00 of the market price owned by the victim, and damaged property by breaking up the chair of approximately KRW 40,000 of the market price, by putting about approximately KRW 570,00,00 of the market price, and destroying Eone Star vehicle’s penter and front even, etc. at approximately KRW 570,00 of the market price parked outside a restaurant.

2. The Defendant interfered with the business of the victim by force, such as: (a) the date and time indicated in paragraph (1); (b) at the place, the 20st mid-term customer, who was eating at the 20st mid-term customer, who was taking meals at the said place, only her meal, obstructed the victim’s restaurant business

3. On September 8, 2014, the Defendant: (a) around 00:10 on September 8, 2014, at the Busan Southern Police Station, the Defendant: (b) took a bath to the police officer G belonging to the said police box, who performed the duty of safe guard, etc. of the Defendant, in a situation where he was arrested as a flagrant offender due to the above property damage and other damage, etc.; (c) assaulted the Defendant, such as spiting down the face, etc. of the said G three times in the direction of the face.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, C, and H;

1. Application of investigation reports (investigation into telephone communications concerning the details of accurate damage inflicted on the victim and the details thereof) and written estimate of vehicles;

1. Article 136 of the Criminal Act concerning criminal facts and the choice of punishment

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